DIGITAL CITIZENSHIP: PAWNEE CITY STAFF Bobby Truhe Harding & Shultz (402) 434-3000 btruhe@hslegalfirm.com H & S School Law @btruhe
What’s on the agenda? Cyberbullying Sexting Appropriate staff social media use
Social Media
Game Platforms
Social Media is Here to Stay And your kids are using it: More YouTube content in 60 days than the first 60 years of “Big 3” networks 95% of all teens are “online” 70% of 12-13 year olds have cell phone 85% of all teens have cell phones 81% of teens are on social media 91% of teen users take/send/rec. photos Daily teen texting up 200%
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 7% of parents are “concerned”…
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.
Other Examples Seattle, WA “Friends”: Students who “liked” Facebook page bullying a classmate were all suspended, and a judge upheld all the suspensions Memphis, TN “Oddsmaker”: Honors student suspended for 180 days for commenting on a friend’s status
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
Civil Consequences Schools, student and parents getting sued • Insurance might pay • Money judgments • Home/car foreclosure • Injunctions and restraining orders against kids Courts: “deliberate indifference” OCR: “knew or should have known”
Fulmer v. Swidler (Pa. 2003) Middle school student created website:“Teacher Sux” • • •
Compared math teacher to Hitler Had picture of her decapitated Asked for contributions toward hit man Teacher sued Jury awarded $500,000 Similar suit by principal settled
Mihnovich v. Williamson Co. 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 for $1.1 million
Boston v. Doe (Ga. 2012) “Fatbook” Profile 12 year-old girls
Boston v. Doe (Ga. 2012) “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos School couldn’t punish Court: parents can be liable for their kids’ bullying
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 5 years in prison and/or $10,000 fine “Rebecca’s Laws” across U.S.
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 retweeted the pic
Ask.fm
Polk County, Fla. case Student bullied on ask.fm and Kik • “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”
Yik Yak
Yik Yak  Anonymous Twitter/Facebook  Users can post messages visible to users within 5-10 miles
Yik Yak Cases Massachusetts and New York • School evacuated after bomb threats • Student posted about “ammo”
Alabama
• Student arrested after cops traced bomb threat to his phone in the school
Illinois and Georgia
• Cyberbullying of classmates and multiple threats of suicide
Rumor/Confession Accounts
What can you do?
Closely monitor disruption of class I ♥ Boobies cases Document, document, document Ban disruption, regardless of viewpoint “Free time” issues
Sexting
How Common is Sexting? Teens who sext photos are 4-7x more likely to “hook up” Teens that sext: 77% have sex Teens that don’t: 42% have sex
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
Kids say the darndest things “Shrek is love, Shrek is life” 8
Oral Sex
143
I Love You
cu46
See You For Sex
GNOC
Get Naked On Cam
S2R
Send To Receive
NIFOC
Naked In Front Of Computer
RU18
Are You 18?
CD9 / Code 9
Parent / Adult around
Kik Messenger
Kik Messenger Incident at local Catholic grade school • Set up a meeting place with student • Parent luckily intercepted the student
“Catfish” from Texas
State v. Gallegos • 16-year-old girl met “17-year-old” guy on Kik • Talked, became friends • Asked her for pictures • She sexted him • He said he’d share those photos unless she met him
Snapchat
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, registered sex offenders, appealing sentences THIS JUST HAPPENED IN NE
Wisconsin v. Stancl High school student posed as a girl, tricked male classmates into sending nude photos Then blackmailed boys into sex acts • Thirty-one victims • Then took photos of the physical encounters
Pending Michigan Case
30 students maybe charged Boys blackmailing female classmates Boys traded pictures Police are doing forensic testing Soliciting, Creation, Distributing, and Possessing charges possible All under 16, but may be charged as adults
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
Serious Consequences: Hope Witsell and Jessica Logan
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
Employees behaving badly
Pickering v. Bd of Ed. (US 1968)
Teacher wrote letter to the editor, criticizing the BOE’s allocation of funds between academics and athletics. BOE terminated the teacher, saying that the letter contained false statements that impugned the integrity of the school system. The teacher sued, claiming BOE violated First Amendment right to free expression
Pickering v. Bd of Ed. (US 1968)
Court: public schools cannot terminate a teacher for speaking out as a citizen on matters of public concern Garcetti: if employees are engaged in speech “pursuant to their official duties” at work, they are not speaking as “citizens” and thus, enjoy no First Amendment protection for their speech
Munroe v. Central Bucks SD Teacher blog: “Where are we going, and why are we in this handbasket?” • Called S’s “dunderheads” and “whiny, simpering gradegrubbers” • Parents were “breeding a disgusting brood of insolent, unappreciative, selfish brats”
Munroe v. Central Bucks SD Court: applied Pickering • Disrupted effectiveness and trust • Some posts touched on “matters of public concern” • As a whole, it was “just rants” • District’s interest in smooth operation outweighed Munroe’s 1st Amendment rights
Hail to the Bus Driver
National Teacher Cases • Probationary band teacher: “If you don’t like it. Kiss my brass. LMAO.” • Teacher: admin was “a smug know-itall creep” w/ “a reputation of crapping on secretaries” • “Don’t smoke crack while preg.” • “You’re a retard, but I love you.”
Beware of Selfies • T allowed students to use her cell • Ss found nude selfies, created FB page, and posted pics
DIGITAL CITIZENSHIP Bobby Truhe Harding & Shultz (402) 434-3000 btruhe@hslegalfirm.com H & S School Law @btruhe