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Sexting, Texting, Facebook and
other Challenges
Karen Haase &
Kelley Baker
Harding & Shultz
(402) 434-3000
khaase@hslegalf...
Texting
Texting in Investigating
Teacher/Student Relationships
Graham v.
Ambridge Area Sch. Dist.
David Costanza slept with student
Sued School
Ct. denied Summary Judgment;
school co...
Court Relied on These Facts:
Student testified about crude remarks
Costanza: “I got in trouble.”
Written reprimand with...
Sexting
Miller v. Skumanick
Girls sexted; prosecutor offered class
on sexting or criminal charges
Parents: “forced re-education”...
Iowa v. Canal
Boy and girl friends; not romantic
• She asked him to send pic of penis
• He complied
• Both agreed not ero...
Cell Phones
Walters v. Dobbins (Ark.)
Boy speaking at “Class Day”
• Played clip from cell phone
• “oh my gosh, I’m horny!”
Boy suspe...
Facebook
J.S. v. Blue Mountain Sch. Dist.
Middle School Student made fake
MySpace profile for principal
• Included photo from scho...
J.S. v. Blue Mountain Sch. Dist.
Third Circuit
• “off campus speech that causes or
reasonably threatens to cause a
substa...
Layshock v. Hermatage Sch. Dist
High School Student made fake
MySpace profile for principal
• Included photo from school ...
Layshock v. Hermatage Sch. Dist
Third Circuit
• No nexus under Tinker
• No evidence of disruption
• School Didn’t Meet Be...
J.S. and Layshock Inconsistent
Third Circuit granted en banc
rehearing
Oral Argument last Friday
Decision -- ??
Facebook and Student
Violations of Code of Conduct
A.Z. v. Doe (N.J.)
Heroes and Cool Kids Program
Anonymous Parent sends school pics
from Facebook
Student sues “John Doe...
Sexting, Texting, Facebook and
other Challenges
Karen Haase &
Kelley Baker
Harding & Shultz
(402) 434-3000
khaase@hslegalf...
admin days - sexting and facebook
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admin days - sexting and facebook

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admin days - sexting and facebook

  1. 1. Sexting, Texting, Facebook and other Challenges Karen Haase & Kelley Baker Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com kbaker@hslegalfirm.com
  2. 2. Texting
  3. 3. Texting in Investigating Teacher/Student Relationships
  4. 4. Graham v. Ambridge Area Sch. Dist. David Costanza slept with student Sued School Ct. denied Summary Judgment; school could be sued
  5. 5. Court Relied on These Facts: Student testified about crude remarks Costanza: “I got in trouble.” Written reprimand without follow up Principal: “I don’t know what you’re doing and I don’t want to know …. School knew Costanza communicating with students via IM, e-mail and texts
  6. 6. Sexting
  7. 7. Miller v. Skumanick Girls sexted; prosecutor offered class on sexting or criminal charges Parents: “forced re-education” District Court: granted TRO Third Circuit: No basis for transmission of child porn; no evidence of knowing transmission Did not address First Amendement
  8. 8. 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
  9. 9. Cell Phones
  10. 10. Walters v. Dobbins (Ark.) Boy speaking at “Class Day” • Played clip from cell phone • “oh my gosh, I’m horny!” Boy suspended for 3 days; no commencement ceremony Arkansas Supreme Court • Due process provided • No First Amendment Violation
  11. 11. Facebook
  12. 12. J.S. v. Blue Mountain Sch. Dist. Middle School Student made fake MySpace profile for principal • Included photo from school website • Initially public; then limited • Students could only access off campus • Student suspended for 10 days; parents sued
  13. 13. J.S. v. Blue Mountain Sch. Dist. Third Circuit • “off campus speech that causes or reasonably threatens to cause a substantial disruption of or material interference with a school need not satisfy any geographic technicality in order to be regulated pursuant to Tinker.” • Dissent: no one would take profile seriously
  14. 14. Layshock v. Hermatage Sch. Dist High School Student made fake MySpace profile for principal • Included photo from school website • Other students created similar and more offensive profiles • Students only accessed off campus • Student suspended for 10 days; placed in alt. sch, banned from extracurriculars, no commencement
  15. 15. Layshock v. Hermatage Sch. Dist Third Circuit • No nexus under Tinker • No evidence of disruption • School Didn’t Meet Bethel Sch. Dist. v. Fraser – no relationship between expression and school
  16. 16. J.S. and Layshock Inconsistent Third Circuit granted en banc rehearing Oral Argument last Friday Decision -- ??
  17. 17. Facebook and Student Violations of Code of Conduct
  18. 18. A.Z. v. Doe (N.J.) Heroes and Cool Kids Program Anonymous Parent sends school pics from Facebook Student sues “John Doe”; serves subpoena Defendant: no defamation therefore no case Court: truth is an absolute defense
  19. 19. Sexting, Texting, Facebook and other Challenges Karen Haase & Kelley Baker Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com kbaker@hslegalfirm.com

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