admin days - sexting and facebook
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Sexting, Texting, Facebook and other Challenges Karen Haase & Kelley Baker Harding & Shultz (402) 434-3000 [email protected] [email protected]
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Transcript of admin days - sexting and facebook
Sexting, Texting, Facebook and other Challenges
Karen Haase & Kelley Baker Harding & Shultz
(402) [email protected]@hslegalfirm.com
Texting
Texting in Investigating Teacher/Student Relationships
Graham v. Ambridge Area Sch. Dist.
David Costanza slept with student
Sued School
Ct. denied Summary Judgment; school could be sued
Court Relied on These Facts:
Student testified about crude remarksCostanza: “I got in trouble.”Written reprimand without follow upPrincipal: “I don’t know what you’re
doing and I don’t want to know …. School knew Costanza communicating
with students via IM, e-mail and texts
Sexting
Miller v. Skumanick
Girls sexted; prosecutor offered class on sexting or criminal charges
Parents: “forced re-education” District Court: granted TROThird Circuit: No basis for
transmission of child porn; no evidence of knowing transmission
Did not address First Amendement
Iowa v. Canal
Boy and girl friends; not romantic • She asked him to send pic of penis• He complied• Both agreed not erotic
Parents called the cops; boy chargedJury trial; boy convicted Appeal rejected by Iowa Supreme
Court
Cell Phones
Walters v. Dobbins (Ark.)
Boy speaking at “Class Day”• Played clip from cell phone• “oh my gosh, I’m horny!”
Boy suspended for 3 days; no commencement ceremony
Arkansas Supreme Court• Due process provided• No First Amendment Violation
J.S. v. Blue Mountain Sch. Dist.
Middle School Student made fake MySpace profile for principal• Included photo from school website• Initially public; then limited• Students could only access off
campus• Student suspended for 10 days;
parents sued
J.S. v. Blue Mountain Sch. Dist.Third Circuit• “off campus speech that causes or
reasonably threatens to cause a substantial disruption of or material interference with a school need not satisfy any geographic technicality in order to be regulated pursuant to Tinker.”
• Dissent: no one would take profile seriously
Layshock v. Hermatage Sch. Dist
High School Student made fake MySpace profile for principal• Included photo from school website• Other students created similar and
more offensive profiles • Students only accessed off campus• Student suspended for 10 days;
placed in alt. sch, banned from extracurriculars, no commencement
Layshock v. Hermatage Sch. Dist
Third Circuit• No nexus under Tinker• No evidence of disruption • School Didn’t Meet Bethel Sch. Dist.
v. Fraser – no relationship between expression and school
J.S. and Layshock Inconsistent
Third Circuit granted en banc rehearing
Oral Argument last FridayDecision -- ??
Facebook and StudentViolations of Code of Conduct
A.Z. v. Doe (N.J.)
Heroes and Cool Kids ProgramAnonymous Parent sends school pics
from FacebookStudent sues “John Doe”; serves
subpoenaDefendant: no defamation therefore
no caseCourt: truth is an absolute defense
Sexting, Texting, Facebook and other Challenges
Karen Haase & Kelley Baker Harding & Shultz
(402) [email protected]@hslegalfirm.com
