Digital Citizenship for Milford HS Students Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
The Big Three! • Cyberbullying • Sexting • Internet Safety
Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.
Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.
High School Survey 100 90 80 70 60 50 40 30 20 10 0 Victim
Cyberbully
Pile on
Join in
Witness
Why do lawyers care?
Mihnovich v. Williamson Co. Bd. Of Ed., (Tenn. 2013)
Student adopted from Ethiopia • Received mean and racist texts • Facebook page: “Hate Black **** N.M.! Who Else Does?” • Received nude photograph of a female classmate
Sued School and 31 classmates Seeking $1.1 million
FaceTime
Sleepover Drama 4 11-year-old girls at slumber party 1 girl who was not invited FaceTime conversation, text messages, social media use Girl posted picture of a gun: “I’m going to kill the 4th slowly so she can watch the others die” Cyberbullying added to D.A.R.E.
Ask.fm
Kik Messenger
Polk County, Fla. case Student bullied on ask.fm and Kik Messenger • “Why aren't you dead?” • “You should die.” • “Wait a minute, why are you still alive?” • “Go kill yourself.” “Yes ik I bullied REBECCA nd she killed her self but IDGAF”
Rumor/Confession Accounts
Rumor/Confession Accounts Anonymous Twitter/Facebook pages Allow others to submit private messages to the owner of the rumor account Messages are posted “anonymously” for anyone to read Some mention specific people, others are general Built-in layer of protection for users
Off Campus Behavior
French v. Cornwell, (Neb. 1979)
• West Point, NE wrestler – Arrested, charged with MIP and DUI – Told coach – School suspended from wrestling team
• Sued – No due process – No authority to punish off campus
• Court: – Knew about rule; school gave process – School can punish for off campus behavior
Braesch v. DePasquale, (Neb. 1978)
• Arlington, NE basketball player – Big school party, one kid arrested – Coach overheard players talking – Players expelled from team
• Sued – No arrest, no admission – Constitutional right to play sports
• Court – Arrest and admission not necessary – No constitutional right
Cave v. Platte County Sch. Dist. No. 001 (Neb. D.Ct. 2003)
• Columbus, baseball payer – Consumed alcohol at family Christmas party – Not allowed on baseball team for whole year
• Family sued – Family has right to allow student to drink – Constitutional rights violated
• Court – Can suspend for non-law violations – No constitutional right – “Put another way, 'two strikes,' and 'you're outta here!"
So What?
Lowery v. Euverard (6th Cir. 2007)
Football players circulated an on-line petition to get coach fired School kicked them off the team Students sued, claiming 1st Amend. Court: School wins "there is a difference between the way a school relates to the student body at large, and to students who voluntarily 'go out' for athletic teams."
Johnson v. New Brighton Area S.D., (Pa. 2005 )
• One student insulted another on Twitter • Offended student “u watch ur a**, I may end up pulling a Columbine” • School expelled • Student sued • Court: true threat
Wynar v. Douglas County S.D. (9th Cir. 2012)
• HS student sent DMs to classmates – bragged about having a stockpile of weapons – threatened to “take out” particular students – Referred to Columbine and Va Tech
• School Expelled • Student sued claiming 1st Amendment • Court: interfered “with the rights of other students to be secure and to be let alone.”
Sexting Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.
How Common is Sexting? June 2014 survey by Drexel University 80 70 60 50 40 30 20 10 0
all teens 12-14 y/o
Sexting Fails
Snapchat
Snapchat
In re Juvenile John Does (Fairfax Co. Va 2013)
Girls Snapchatted video to boy He forwarded screenshots to friends Three boys arrested at school Each charged with 12 counts of distribution of child pornography Found guilty Appeals rejected
Chaney v. Fayette Cty. Sch.
Community Awareness Seminar “Once It’s There—It’s There to Stay” Presenter used student’s FB pictures Picture showed Chelsea in bikini next to “Snoop Lion” (formerly “Snoop Dog”) S filed suit, arguing right to privacy Ct.: “no justifiable expectation of privacy” when posting on FB Presenter and school won
The Internet knows everything
Nebraska Law Neb. Rev. Stat. 28-813 et. seq. Makes sexting (images) a class IV felony for offenders under 19 Class IIIA felony for 19 and up Both punishable by: • Up to 5 years in prison and/or • $10,000 fine • Require sex offender registration
Survey of County Attorneys 90 80 70 60 50 County Attys NE Co. Attys
40 30 20 10 0 Charged minor
Charged adult
Allowed diversion
Plea agreement
Internet Safety
State v. Gallegos • 16-year-old girl met 17-year-old guy on Kik • Talked, became friends • Asked her for pictures • She said OK • Then said he’s share those photos with her classmates unless he met him
State v. Allen • 36 year old contacted victims and falsely told them he’d found naked pics of them on the internet • Directed them to websites to view the pics • Then used the site to phish the victims • Seized control of e-mail & SM accounts • Then blackmailed girls over Skype
So what to do? • Dude, be nice! – Laura Stockman’s "Twenty-Five Days to Make a Difference" (http://twentyfivedays.wordpress.com )
• Be Smart
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Questions? (402) 499-0547 H & S School Law @KarenHaase KarenHaase karenahaase