Appropriate Use of Social Media and Cell Phones Karen Haase Harding & Shultz (402) 434-3000 firstname.lastname@example.org H & S School Law @KarenHaase
Raise your hand if … You have a cell phone You use text messaging You’ve taken photos with a cell phone camera You’ve ever forwarded a message You have a Facebook, Tumblr or Twitter account
What’s Wrong with Cell Phones? Nothing! Cell phones are useful tools when used appropriately and with good judgment
What’s Wrong with Facebook? Again, nothing! Facebook is just like a cell phone – you have to use good judgment.
So how do kids get in trouble with technology? Cyberbullying Sexting Ignoring Internet 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.
Common Cyberbullying Tactics Stealing someone’s online name and using it to write nasty rumors, comment, or spread gossip. Altering someone’s message or doctoring photographs to say something different or make fun of a person.
Common Cyberbullying Tactics (con’t)
Secretly recording conversations using a cell phone, then playing the recording back for the person being discussed. Posting damaging information on blogs or web sites. Creating or taking part in Internet polling or list-making
Cyberbullying Example of cyberbullying on iChat (Appleâ€™s instant messaging)
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.
How Common is Cyberbullying? ď‚§ one in four students between the ages of 11 and 19 have been the victim of cyberbullying. ď‚§ Approximately 65 percent of kids know of someone who has been cyberbullied.
So whatâ€™s the big deal?
School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of physical, verbal or electronic abuse” Consequences: • Loss of extracurricular privileges • Detentions • Short and Long Term Suspension • Expulsion • Alternative School Assignment
Examples Seattle, WA.: Students who “liked” Facebook page bullying a classmate 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 foreclosure and other hardship Suit can be for: • Intentional infliction of emotional distress • Tortuous interference • Slander
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 Facebook dismissed from lawsuit; students initially left in the case
Boston v. Doe (Ga. 2012) “Fatbook” Profile
Boston v. Doe (Ga. 2012) “Fatbook” Profile • Languages • Hobbies • Fake stories • YouTube Videos School didn’t punish Sued creators
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 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 MySpace he wrote: • He was going to "beat the hell out of 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 or her kid.”
Charged with terroristic threats
Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.
How Common is Sexting? Sexually suggestive photos sent: • 20% overall • 22% girls • 11% young teen girls (ages 1316) • 18 % boys
How Common is Sexting? Sexually suggestive messages sent: • 39% of all teens • 37% girls • 40% boys 48% of teens say they have received sexting photos or messages.
Serious Consequences: Jessica Logan
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 • 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.
Wisconsin v. Stancl High school student posed as a girl, tricked male classmates into sending nude photos Then blackmailed boys who sent the pictures Thirty-one victims
So What DOES Belong on Your Phone or Profile/Page?
Just ask your Grandma
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 during a cell phone call!
Questions? (402) 499-0547 H & S School Law @KarenHaase