NMEA 2012 Social Media

What Every Education Professional Should Know About Social Media Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

This is not your Grandma’s Presentation

Social Networking  Examples • Facebook • YouTube • Twitter • Tumblr

Social Media is Here to Stay  Ed. Professionals are using social media • 85% of Americans use social media monthly • Twitter grew over 500% in the last year • More video is uploaded to YouTube in 60 days than big 3 networks created in 60 years

 Facebook dominates social media • • • •

500 million users as of July, 2010 50% of active users log on daily Average user has 130 friends Largest group of users aged 35-54

Teacher Use  Causes for Concern • Drug/Alcohol Use • Sexual Inappropriateness • Inappropriate Communication with Students • Inappropriate Communication about Students • Selling School Property

Nebraska Law  NEB. REV. STAT. §§79-824, 79-827  Reasons for Termination and/or Cancellation: • Unprofessional Conduct • Immorality • Other conduct which interferes substantially with the continued performance of duties

Social Media and Politics

Social Media and Politics  Political Accountability and Disclosure Act  In the Matter of Michael Nolan, Case No. 07-03

Accessing at School  Computer, Server, Internet Connection all belong to the district.  Use is permissive  Assume someone will read it eventually.

Student Use of Social Media

Facebook and Code of Conduct

A.Z. v. Doe (N.J.)  Heroes and Cool Kids Program  Anonymous Parent sends school pics from Facebook  Student sues “John Doe”; serves subpoena  Defendant: no defamation therefore no case  Court: truth is an absolute defense

Sexting

Sexting?

Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

Sexting?  Material can be distributed via: • • • • •

Text messages Downloads onto laptops/computers E-mail Downloads onto i-pods/mp-3 players Social Networking Sites

Sexting?

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 charged  Jury trial; boy convicted  Appeal rejected by Iowa Supreme Court

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

In re Katrina R.  15 year old texted nude pics to her BF  Was adjudicated “a child who deports herself so as to injure or endanger seriously the morals or health of herself or others” • Placed in legal custody of HHS • 6 months’ probation • Required counseling • and community service.

Cyberbullying of Staff

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

Layshock v. Hermitage 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

J.S. and Layshock Inconsistent  Third Circuit granted en banc rehearing  Oral Argument June 3, 2010  Decision issued June 13, 2011  The Bottom Line?

• Schools lost both cases

J.S. and Layshock  Key legal points • School can’t punish off-campus speech because it is vulgar, inappropriate or even criminal • School can only punish off-campus speech that is substantially disruptive

What About the Staff?

“We recognize that vulgar and offensive speech such as that employed in this case – even made in just – could damage the careers of teachers and administrators and we conclude only that the punitive action taken by the school district violated the First Amendment free speech rights of JS.” • i.e. “We don’t care”

My Suggestions  Make a professional page separate from your personal page  Don’t “friend” students or parents on your personal page  Don’t let yourself be depicted behaving unprofessionally  Ask: will this affect my classroom?

Privacy Settings     

Set your profile as “private” Only let “friends” see pics Require notification before tagging Turn off geo-tags Friend Facebook on Facebook

What Every Education Professional Should Know About Social Media Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase