Pawnee city 9 12

Digital Citizenship and Social Media: Don’t be Stupid!

Bobby Truhe Harding & Shultz (402) 434-3000 btruhe@hslegalfirm.com H & S School Law @btruhe

Social Media

Game Platforms

What’s the deal?  Cyberbullying  Sexting  Internet Use and 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.

How Common is Cyberbullying?  95% of teen internet users witness cyberbullying on social media  66% of teens see others “joining in”  21% of teens admit to piling on  33% of teens have been a victim (59% are girls)  5% of teens try to help

School-Related Consequences  NEB. REV. STAT. 79-2,137  Definition: “ongoing pattern of physical, verbal or electronic abuse”  Consequences: • • • • • •

Loss of extracurricular privileges Detentions Loss of recess Suspension Expulsion Alternative School Assignment

Wisniewski v. Weedsport (2007)  Student sent IM to classmates • • •

Gun icon with red dots above Beneath icon was "Kill [name of English teacher.]"

 Student suspended for 1 semester  Student could not play sports or attend school events

Kowalski v. Berkeley Schs (2011)  Facebook page: Students Against Shae’s Herpes (SASH)  Student received • 10-day suspension from school • 90-day “social suspension”  No prom, no sports, no field trips

Rumor/Confession Accounts

Other Consequences  Student and parents can be sued and taken to court!

• Parents pay money to the victims • Kids have to do community service • Parents lose their cars and houses  Students can be guilty of a crime • Juvenile detention • Foster placement • Fines

Cyberbullying Nebraska’s own example of cyberbullying on iChat

Divagirl: Hey, loser, watch your back. tmt323: What r u talking about?

Divagirl: Why don't you kill yourself while u r ahead? tmt323: Why can't you just leave me alone?

Divagirl: Ugly girls like u need to be put in their place.

Fulmer v. Swidler (Pa. 2003)  7th & 8th grade students created website:“Teacher Sux” • Compared math teacher to Hitler • Had picture of her decapitated • Asked for money for a hit man  Teacher sued parents and students  Jury awarded $500,000 to teacher  Family had to sell their house!

Boston v. Doe (Ga. 2012)  “Fatbook” Profile

Boston v. Doe (Ga. 2014)  “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos  Sued creators  Court: parents can be liable for their kids’ bullying and harassment

Finkel v. Facebook (N.Y.)  High school students created private Facebook page about classmate • Called her a “slut” • Said she had AIDs • Said she used drugs

 She sued Facebook and kids who created page  Judge: students and parents may have to pay and do community service

Criminal Consequences  Neb. Rev. Stat. 28-311.01  Terroristic Threats: “threatens to commit any crime of violence …

• With the intent to terrorize another • In reckless disregard of the risk of causing such terror  Class IV Felony punishable by: • Up to 5 years in prison and/or • $10,000 fine

In re Minor Child (Ala.)  High school students arrested at school for threatening classmate on his profile • Threatened to beat him up • Said they would plant a bomb in his locker • Said he deserved to die

 Charged with making terroristic threats—went to jail!

State v. Murphy (Nebraska!)  Girl broke up with boyfriend  On profile page he wrote: • He was going to "beat up a lot of people" • He would be "killing a lot of people” • Told girlfriend’s sister he didn’t “want to end up killing her”

 Charged with terroristic threats—went to juvenile detention center

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

How Common is Sexting?  Sexually suggestive photos sent: • 20% of 12-14 year olds • 30% of all teenagers  31% of teens have asked for pics  57% have been asked for pics  Teens who sext photos are 4-7x more likely to “hook up”

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, appealing sentences

Serious Consequences: Hope Witsell and Jessica Logan

A.H. v. Florida  Boy and girl in romantic relationship  Took pics of themselves engaged in sexual acts  Boy e-mailed to girl  Both charged with producing and distributing child pornography  Registered as sex offenders

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

Florida v. Alpert  Girlfriend sent pics  He forwarded pic to all contacts  Convicted of distribution of child pornography  On sex offender registry until he’s 43

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

Nebraska Law  Affirmative Defense: •

the picture is only of the defendant; or

• • • • • • •

defendant was younger than 19 picture is of someone at least 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture AND defendant didn’t coerce taking or sending

In re Katrina R.  15 year old texted nude pics to her BF  Judge: “She is 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

Internet Use and Safety

Cooks v. Tulsa Sch. Dist., et al  Student changing after volleyball  Teammates held down, took picture of her and posted to Twitter; others retweeted  Family suing • • • •

Twitter School district Student who took pic Students who first tweeted the pic

5 Things to Think About Before Pressing “Send” or “Post”

1. Don’t assume anything you send or post is private  Majority of sexting incidents involve pictures sent to boyfriend/girlfriend  Judge: “It does not matter whether your settings are ‘private,’ because if you put it on the internet, you have no expectation of privacy.”  Every message is stored on a server…including Snapchat…

2. The Internet knows everything

3. There is no changing your mind in cyberspace  Nothing you send will ever go away  People checking on-line include: • • • • •

Parents College recruiters The NFL Colleges and Graduate Schools Creepy pedophiles

4. If something feels mean or makes you uncomfortable, don’t do it  40% of teen girls say “pressure from guys” is the reason they post and send sexual messages and pictures  Most bullying involves students who used to be “friends”  REPORT IT! Tell a trusted adult, parent, teacher, or principal

5. Consider the recipient’s reaction  40% of teen girls say they sexted “as a joke”  20% of teen boys say they expect to hook up with a girl who sexts them  Judge: “That defendant intended his actions to constitute a joke is no bar to criminal guilt. He is guilty regardless of his allegedly joking intent.”

Use the “Grandma Rule”

It sounds stupid, but it works

The Grandma Rule:  If you wouldn’t show it to your Grandma, don’t photograph it!  If you wouldn’t write it to your Grandma, don’t text it!  If you wouldn’t tell you Grandma about it, don’t post it!  If you wouldn’t say it to your Grandma, don’t say it at all!  If your Grandma would be embarrassed to see it, don’t look at it!

Questions? btruhe@hslegalfirm.com H & S School Law @btruhe