Thursday, August 13, 2009

Students Disciplined for Facebook/Myspace?

So the Burleson school district has decided not to discipline the student for the contents of her Myspace page (I thought everybody had moved to Facebook, anyway). This is a tricky and complex issue, and I thought the facts were especially bad for the school district. One of the basic things we learn in law school is that good facts make good law and bad facts make bad law. These were bad facts for Burleson.

Tha being said, it's amazing to me how many people seem to be unaware or unconcerned about what they post online (he says as he posts this stuff online). Like it or not, agree or disagree, the web is a public place. You shouldn't rely, as the student did, on the page you post the bad stuff onas being "private"; it's on the web: somebody can and will find it. I have often told students that in the old days, my company automatically used an applicant's credit report as a hiring qualification in the belief it was indicaitve of the applicant's character. If I was in human resources or looking to hire anyone these days, I think I would do a full-fledged internet search on that person, and I would include Facebook, Myspace, and anything else I could think of to get more information about an applicant. Someone's postings quickly give you a clue about how clueless someone is.

5 comments:

  1. Well since on facebook you have to accept the friend's request before they see your info, and no one would invite Dr. Buinger, I'm not so worried.

    The question is is how much pressure would they put on a teacher that I already a friend of a questionable student? How long would said teacher put up with it? If at all? Would said teacher give up info before even being asked (a snitch)?

    Why is the school district actively looking for ways to ruin the lives of it's students?

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  2. The question that I have is what the content was specifically. From what little I saw whenever I use teh google machinez to look it up, she had some pictures of herself in a bikini. I mean, seriously? That's offensive content? She could wear it to a pool outside and it wouldn't be considered grounds for banning her, but there are pictures and they consider disciplining her? I think that's absolutely absurd.

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  3. I believe the cited offense was vulgarity, probably someone's comments on one of the pictures.

    The complaint originated from someone complaining specifically to the school about the curse word(s). School officials were not monitoring web sites.

    As you may have noticed, all it takes is one person to be "offended" and raise a stink, even if 99 other people would ignore it.

    So next time you get your shorts in a wad over something you may find offensive, take a deep breath and move on, just like you wish someone would do for you.

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  4. i love your blogs! even though i dont comment very much i do read them!! they get me thinking... which i dont really like doing during summer but it keeps the brain stimulated! :] so continue with the blogging mr b!

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  5. As I understand it, the girl had profanity on her page that gave her demerits, and the demerits were enough to warrant the suspension. I suspect a Myspace "friend" (who wasn't much of a friend) turned her in by telling an administrator about the language.

    I thought from a legal standpoint this was at the shaky edge of what the district would be able to enforce. But I think the bigger lessons are that no page of information on the internet is truly private, nor do you have areasonable expectation of privacy about what's on them. And that the things you post can come back and bite you on the bottom.

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