What if a student takes a photo of behavior occurring in the common area of a school bathroom during school hours that appears to violate school policy and then Tweets out the image with commentary? Should the photographer who captured and Tweeted out the image be disciplined but those whose behavior allegedly violated school policy not be punished? This is a question that a public high school in Maryland is answering.
Recently, a student Tweeted out a selfie of herself with two other students in the background allegedly engaging in sexual contact. As of this writing, the photo has been re-tweeted over 14,000 times. After school administrators became informed about the situation, the Tweeter was suspended for ten days. The students who appeared in the photo (their faces are not viewable) allegedly engaging in some type of personal interaction that may or may not be of a sexual nature were not disciplined.
I am very protective of free speech rights; especially for students. I strongly believe in the Tinker v. Des Moines decision which ruled that students do not leave their constitutional rights at the school house gate. However, I believe in Griswold v. Connecticut's ruling that we all have a right to privacy. Mobile devices and wearable technology will test the right to privacy versus the first amendment in the Digital Age. This situation demonstrates that their are no easy answers regarding where our first amendment rights end and our right to privacy begins.
Copyright 2014 by the Law Office of Bradley S. Shear, LLC All rights reserved.
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