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can a school punish a student for what he/she posts online?

kevin 714

kevin 714

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ST. PAUL, Minn. — Facebook's popularity among students has put school officials in a tough spot: When is it appropriate to police what students say on Facebook, especially outside of school time?

A central Minnesota student was recently disciplined for something she posted online. The school district is now being sued for allegedly violating her right to free speech.

The case shows the thin line school administrators walk when developing polices on social media.

It's no surprise that nearly all students are using Facebook, and many of them share opinions about school and their teachers.

"A lot of statuses complain about things and sometimes it happens to be teachers or classes or something like that," said Hannah Erickson, 18, a senior at White Bear Lake Area High School.

Erickson is careful about her Facebook etiquette. She heeds the advice given by parents and schools: watch what you do on Facebook. It can get you in trouble, and the online consequences can last for years.

With that in mind, White Bear Lake Principal Brian Leonard said his district's policy on Facebook was not written by Big Brother.

"We don't have a Facebook cop who's out there looking of things," Leonard said. "When it gets brought back into the school that's when we need to look at what's going on and what actions we need to take."

SCHOOL OFFICIALS MEASURE REACTION

How school officials react to what students post on Facebook is the focus of an incident at Minnewaska School District in central Minnesota, serving the towns of Glenwood and Starbuck.

Last year, a 12-year-old girl posted that she hated an adult hall monitor at school. She wrote the comments using her own computer and outside of school hours. She was given detention by school officials and told to write a letter of apology.

The student again turned to Facebook, this time, asking "Who the 'bleep' told on me?" said Teresa Nelson, an attorney with the American Civil Liberties Union. Nelson said the student faced another punishment after her second posting to Facebook.

"This time, more severe. She was given in-school suspension. She was told she could not attend a school ski trip for those comments," Nelson said.

Earlier this month the ACLU sued the school district claiming it violated the student's First Amendment rights.
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full story: http://minnesota.publicradio.org/display/web/2012/04/04/school-facebook-policy/


ACLU is suing the school. can a school punish kids for what they post online outside of school?
 
If an employer can fire me for crap I've posted online, then schools should also have disciplinary actions. Kids might as well learn in school that there are consequences in the real world for online asshatery.
 
1st amendment applies to kids especial out side of school.
Teaching kids to watch what they say is also good.
School administrators lost a teaching moment and will get to play in court with the ACLU.
 
TheRobSJ said:
If an employer can fire me for crap I've posted online, then schools should also have disciplinary actions. Kids might as well learn in school that there are consequences in the real world for online asshatery.
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+1

May as well prepare them for life in Corporate run America, where no aspect of your life is free from judgment :thumbup
 
Seems like a sure loss for the school district. It does suck though; if the parents don't care, the kid can pretty much post whatever BS he/she wants to about school teachers, administrators, etc.
 
TheRobSJ said:
If an employer can fire me for crap I've posted online, then schools should also have disciplinary actions. Kids might as well learn in school that there are consequences in the real world for online asshatery.
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You choose to work at a specific establishment, the kid, unless it's a private school, does not. No section of the government should ever have the right to punish because of what one writes online. This isn't China.

They should suspend the person who told on this kid. Being a rat can get you into a lot of trouble later in life.
 
Private communications/postings are one scenario.

Public communications/postings are different. If you post shit/hate talk about your boss or teachers or administrators in a public forum then normal code of conduct or rules may be applicable.

The teachable moment in these stories is be prepared to stand by what you say when posting in public forums.
 
tuxumino said:
1st amendment applies to kids especial out side of school.
Teaching kids to watch what they say is also good.
School administrators lost a teaching moment and will get to play in court with the ACLU.
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This!
 
mototireguy said:
Public communications/postings are different. If you post shit/hate talk about your boss or teachers or administrators in a public forum then normal code of conduct or rules may be applicable.
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What do you mean, "normal code of conduct or rules?"
 
jdhu said:
What do you mean, "normal code of conduct or rules?"
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I'm only suggesting that when posting comments that your teacher or boss is an a-hole (or similar perjoratives) on a public forum it's basically the same thing as saying it to them in person.

So when posting in public forums or in person be prepared for the same potential fallout/results.
 
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My daughter mentioned to me that her friends had a "hate page" for certain teachers they disliked and that it had a lock on it so only the kids with a password could get in. Not sure this is facebook because I know kids use other social sites. Oh if only I had this stuff as a kid. I'd be on permanent detention.
 
kevin 714 said:
full story: http://minnesota.publicradio.org/display/web/2012/04/04/school-facebook-policy/


ACLU is suing the school. can a school punish kids for what they post online outside of school?
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It depends and needs to be evaluated on a case by case basis. No zero tolerance crap. From the article:
School officials have released a statement saying the student's comments constituted bullying and "contributed to a disruption to the learning environment." The district says the student's parent gave the school permission to view the student's Facebook account."
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It does not seem like the exact fb comments are available, so I have no clue if it's really bullying. Kind of hard to imagine how a rant against an adult hall monitor is bullying though. Real cyber-bullying does need to be addressed.
 
mototireguy said:
I'm only suggesting that when posting comments that your teacher or boss is an a-hole (or similar perjoratives) on a public forum it's basically the same thing as saying it to them in person.

So when posting in public forums or in person be prepared for the same potential fallout/results.
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Ok, but what legal results would there be, had the kid said it in person outside of school?
 
at this point you basically have to be stupid to do anything on facebook except talk to people you dont want to talk on the phone to. everything you do can be watched and everything you do or even look at can be traced.
 
School should teach the kids to read, write, and do math. Who cares if they shit talk each other online. That's their parent's problem.
 
TheRobSJ said:
If an employer can fire me for crap I've posted online, then schools should also have disciplinary actions. Kids might as well learn in school that there are consequences in the real world for online asshatery.
Click to expand...

In CA your employer can fire you even if you don't post any crap :)
 
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