Don’t be stupid: Legal Issues with Social Media
Karen Haase Harding & Shultz ((402)) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase
What’s the deal? Cyberbullying Sexting Ignoring Internet S f t Safety
Cyberbullying? y y g 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? ďƒ˜ one in four students between the g of 11 and 19 have been the ages victim of cyberbullying. ďƒ˜ Approximately A i t l 65 percentt off kids kid know of someone who has been cyberbullied.
Common Cyberbullying Tactics Stealing someone someone’ss online name and using it to write nasty rumors, comment, or spread gossip. i Alteringg someone’s message g or doctoring photographs to say something different or make fun of a person.
Common Cyberbullying Tactics (con t) (con’t)
Secretly recording conversations using a cell phone, then playing the recording i back for f the person being i discussed. Posting damaging information on blogs or web sites sites. Creating or taking part in Internet polling or list-making
Cyberbullying y y g Example of cyberbullying b b ll i on iChat (Apple’s instant messaging) i )
Divagirl: Hey, loser, watch your back. t t323 What tmt323: Wh t 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.
How Common is Cyberbullying? ďƒ˜ one in four students between the g of 11 and 19 have been the ages victim of cyberbullying. ďƒ˜ Approximately A i t l 65 percentt off kids kid know of someone who has been cyberbullied.
So what’s what s the big deal?
School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: “ongoing ongoing pattern of physical, verbal or electronic abuse” Consequences: ─ Loss of extracurricular privileges ─ Detentions D t ti ─Short and Long Term Suspension ─Expulsion E li ─Alternative School Assignment
Examples p Seattle, WA.: Students who “liked” Facebook page bullying a classmate p all suspended Memphis TN: Honors student suspended for 180 days for commenting on a friend’s status
Civil Consequences Student and parents can be sued • Suing for money; no jail time • Homeowners insurance often pays • Judgments can result in home f foreclosure l and d other h h hardship d hi Suit can be for: • Intentional I i l infliction i fli i off emotional i l distress • Tortuous interference • Slander
Fulmer v. Swidler (Pa. 2003) Middle school student created website:“Teacher website: Teacher Sux 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
D.C. v. R.S. (Cal. 2010) High school student posted on victim’s website • • •
I want to rip out your f-ing heart and feed it to you. II've ve wanted to kill you you. If I ever see you I'm going to pound your head h d iin with ith an iice pick. i k
Familyy sued; defendant de e d said s d jus just a jo jokee Litigation allowed to continue
Criminal Consequences for Cyberbullying 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 y p MySpace • Threatened to beat him up • Said they would plant a bomb in his locker • Said he deserved to die
Charged with making terroristic threats
State v. Murphy (NE) Girl’s family disliked defendant On O MySpace M S he h wrote: t • He was ggoingg to "beat the hell out of a lot of people" • He would be "killing killing a lot of people people.“ • Told girlfriend’s sister he didn’t “want to end d up killi killing her h or her h kid.” kid ”
Charged with making terroristic threats
Sexting
Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually ll explicit li it messages or photos electronically, p y p primarily y between cell phones.
How Common is Sexting? g Sexually suggestive photos sent: – 20% overall –22% girls –11% 11% young teen girls (ages 13 13-16) 16) –18 % boys
How Common is Sexting? g Sexually suggestive messages sent: –39% of all teens –37% girls –40% 40% boys 48% of teens say they have received sexting ti photos h t or messages.
Serious Consequences: Jessica Logan
Criminal Implications of Sexting  Law enforcement reports that Adults prosecuted for possession of child pornography, solicitation and child i abuse  Students Prosecuted as well
Iowa v. Canal Boy and girl friends; not romantic • She asked him to send pic of penis • He complied • Both agreed g 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 O sex offender ff d registry until he’s 43
Criminal Implications Under 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 q sex offender registration g • Require
In re Katrina R. 15 year old texted nude pics to her BF Was adjudicated “a child who deports herself so as to injure j or endanger g seriously the morals or health of herself e se or o others” ot e s • Placed in legal custody of HHS • 6 months’’ probation i • Required counseling and community service.
Internet Safetyy
Wisconsin v. Stancl High school student posed as a girl, tricked male classmates into sending p nude photos Then blackmailed boys into sex acts • Thirty-one i victims i i • Then took photos of the physical encounters
So What DOES Belong on Y Your Ph Phone or P Profile/Page? fil /P ?
Just ask your Grandma
The Grandma Rule: If you wouldn’t’ ld ’t’ show h it tto 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 don’tt post it! If you wouldn’t say it to your Grandma don’t say it during a Grandma, cell phone call!
Questions? (402) 499 499-0547 0547 H & S School Law @KarenHaase