A California Catholic school has been ordered by a court to pay out to two students it expelled.
The two teens went to the elite Saint Francis High School in Mountain View, California, and were only 14 at the time of the photo being taken.
However, years later, the image would land the two boys in serious trouble.
They were able to prove that it was an acne mask they had put on in solidarity with a friend who was struggling to deal with their own acne.
The photo, taken in 2017, showed three boys with a green acne mask on and was bought by one of their mothers. It was light green when first applied but turned dark green when it was dry.
The two expelled teens have not been named but were only identified as A.H. and H.H. in the lawsuit. (Superior Court of California)
The two expelled teens have not been named but were only identified as A.H. and H.H. in the lawsuit.
Despite the picture being taken in 2017, the image went viral three years later in 2020 and began circulating on social media during the height of the Black Lives Matter protests in the US. The boys were subsequently expelled.
However, a Santa Clara County jury decided earlier this week that the school did not give them due process before expelling them.
The pair are now set to receive $500,000 each and will have their $70,000 tuition reimbursed.
Speaking on the ruling, one of the attorneys for the teens Krista Baughman praised the decision.
She said: “This case is significant not only for our clients but for its groundbreaking effect on all private high schools in California, which are now legally required to provide fair procedure to students before punishing or expelling them.
“The jury rightly confirmed that Saint Francis High School’s procedures were unfair to our clients and that the school is not above the law.
Despite this victory for the pair, the initial lawsuit wanted $20 million and attempted to claim defamation as well as a violation of free speech. (Hearst Newspapers via Getty Images)
The school has said that they ‘respectfully disagree’ with the decision and are exploring other legal options, including an appeal.
In a statement, A.H.’s family said: “We want to sincerely thank the jury and the court system for helping our boys and our families find justice, which now paves the way for their names to be cleared for things they never did.”
Despite this victory for the pair, the initial lawsuit wanted $20 million and attempted to claim defamation as well as a violation of free speech, however, the juries rejected these points.