Facebook, Privacy Rights, & "Big Brother"

OK so I read this here -

http://www.telegraph.co.uk/technolo...-suing-school-over-Facebook-comments-row.html

Basically a 12 year old girl was forced to hand over her Facebook log in to school officials after someone ratted her out for talking about sex and criticizing a hall monitor while at home and on her own computer. The school ended up giving her detention.

Now if she had made the posts using a school owned computer or on school grounds during school hours, or over the school's network I could see grounds for the school to intercede. But this girl posted information on her account using her own computer from her parent's home.

I am hearing of more and more cases like this where schools are acting like some kind of internet gestapo with kids doing things on their own time no where near school property. Where do these schools get the authority to give kids like this girl the third degree, go through her private property, and then punish her?

 

It's the anti bullying mindset.....

 

The article states she used Facebook "to criticise a school hall monitor" and "that she had discussed sex online".

I did not see any mention of bullying or threats made but even if they were, where does the school get the authority to interject itself as a regulator as to what you can and cannot do/say after school hours and not on school grounds.

Even if there were threats made or talk of committing an act of violence IMO it would be a police matter as they would have the authority to investigate things that take place no where near the school. Once the police were involved then and verified there was an issue I could definitely see the school getting involved to try to take steps to help the student resolve these issues.

 

Future employers also want your password so they can check out your private facebook account

http://now.msn.com/money/0307-facebook-employers.aspx

 

Totally against it, I'm with you on this one

 

Not being an attorney I cannot say for sure but I doubt that the school has any authority at all over this girls home computer. I suspect she could have respectively suggested that they go suck an egg with their demands. They can only get away with that kind of bs if someone lets them.

A responsible parents could have told the school that he/she would look into the matter and assess punishment if needed and that the school's involvement wasn't needed.

 

The authority comes from various court decisions, primarily drawing upon the language found in the two following US Sup Ct cases which, in the age of the Internet, extend the school authority 'beyond the gates of the school' to deal with any issue that could (emphasis on 'could') cause disruptions in the school.

Tinker v. Des Moines Independent Community School District, 393 US 503 (1969), and:

Bethel School District No. 403 v. Fraser, 478 US 675 (1986).

 

I wish they would do this to someone like me who doesn't mind a good lawyerin' up.

No fucking way that I'd hand that over. There's also no way it would stand if someone were prepared to go far enough.

 

Under most circumstances I would tell them to go pound sand, it would be out of principle as I have nothing on my page to worry about.

 

I don't really understand how either of those cases apply in this case.

Both cases are about free speech IN school. Bethel more or less defines the rights. I'm really unsure how either of those cases can be applied outside of school...

 

Last application for a county sheriff deputy I was going to fill out had this. They want ALL email addresses with p/w's, all message boards and p/w's and all social sites with p/w's. Tore up the application. Fuck that.

As for the school, they can go pound sand and they really should start looking into what their EMPLOYEES are doing instead of what a student is doing on their OWN EQUIPMENT IN THEIR OWN HOME.

 

I do not see how either of these apply to the girl in my OP. She conducted her activities in the privacy of her own home.

In both of the cases you provided the activities occurred on school grounds during school hours.

 

I realize the distinction you are making, but the language of the Supreme Court, in those two cases, granting the school authority to regulate and control the students, has been used by state courts in these types of cases involving postings on the internet. You are thinking that there is a privacy involved because the student was at home, but the use of the internet (accessible to the public, including other students and school staff) has been viewed as reaching into the school (with the potential to pose serious disruption, depending upon the language and subject matter of the postings).

I'm not saying it's a settled issue; the internet poses substantial problems pertaining to privacy (if we could define that, it might be helpful) and the school's authority. Were you aware of the fact that some medical schools and college sports programs assign 'monitors' to read through students' postings on the internet?

 

Regarding the schools, including colleges/universities, they do in fact monitor staff and faculty postings, even if 'done at home.'

 

I understand your point of view. I just think the anti-bullying campaing has everyone in a frenzy regarding what is posted online. This is just one of the results.

I still don't get how a school can force someone to hand over their log in info.

 

Hey- it's not 'my point of view.' It's what is...I'm only the messenger. I don't agree with the erosion of rights of students, but the courts will usually rule that the schools have the authority over the students. The Internet (postings), while certainly not based on campus, has the potential of disruption, which the school is obligated to minimize or control. As I mentioned, it is not a settled legal issue, and no doubt won't be unless the US Sup Ct agrees to hear a case regarding it, and comes up with some sort of new and different ruling.

 

I wonder what percentage of parents monitor their childrens Facebook.

 

I will gladly give them my PW to my facebook account....the one that I use for business purposes. Now, the one with MotoGP riders and other highly famous people like Chip and Skip as friends....they wont even know that one exists.

All joking aside, I and my daughter would go to our graves before we would give up that info to a damn school district.

 

I didnt think 12yr olds could have a facebook account???