Articles Posted in Social Media in School

Published on:

Most people think Snapchat is just a fun messaging app. They use it to send photos and videos that self-destruct seconds after being viewed. Snapchat also features an app that makes it possible to creatively alter photographs. Known as “Lenses,” this app is what makes it possible for the photo’s subject to sport floppy dog ears, hearts instead of eyes or a floral headband. Now, this capability is at the center of a potential class action lawsuit.

Magnified illustration with the word Social Media on white background.

Illinois residents Jose Martinez and Malcolm Neal filed a complaint in Los Angeles in May of 2016, arguing that Snapchat violated their state’s Biometric Information Privacy Act. The law is aimed at preventing biometric identifiers from falling into questionable hands and sprang from concerns about how the necessary technology used to collect biometric identifiers might be used without the user’s knowledge or permission.

The lawsuit contends that Snapchat is collecting and maintaining detailed biometric information on their customers. This is being done without the knowledge and consent of the users, which is contrary to Illinois’ law.

Snapchat categorically denies the allegations, arguing that their service is not capable of collecting complex biometric information that would allow them to identify the face of one user as opposed to another. Instead, they say that the technology involved is merely for object recognition, which makes it possible for the program to determine which objects in a photo are faces and where the eyes, nose and mouth are located. Moreover, Snapchat denies that they are in any way storing the data that is used in the Lenses app.

Snapchat is not the first social media platform to be sued over similar technology. Both Facebook and Google are facing legal battles relating to face-recognition software that automatically identifies particular people in photographs.

This lawsuit is only in its beginning stages. It was moved to the federal courts in July 2016, and Snapchat may be facing stiff fines if their software is determined to be guilty of violating Illinois’ law. This incident demonstrates the powerful need for businesses to understand the laws of states where they will be operating.

Published on:

Schools and businesses beware. Electromagnetic Hypersensitivity Syndrome (EHS) may be hurting your students, employees and customers. While Science has not yet proven a causal link between EHS and the symptoms of its growing numbers of sufferers, lawsuits are being filed here in the US and abroad.

WiFi%20sign%2068234810-001.jpgA woman in France has been awarded about $32,000 in compensation for pain and suffering brought about by an allergy to WiFi. She claimed that she was forced to relocate to the countryside because digital wireless transmissions caused her severe discomfort. Her award will be paid out over the next three years.

Recently, the parents of a 12 year old boy in Southboro Massachusetts have filed a lawsuit claiming that the schools WiFi signal is causing their son to become ill and lose focus and concentration in school.

The complaint alleges that the boy was diagnosed with EHS after experiencing headaches, nausea and nosebleeds after the Fay School installed new, stronger wireless internet equipment in 2013. The lawsuit seeks accommodations and $250,000 in damages.

The World Health Organization acknowledges that EHS is a collection of symptoms, but clarifies it is not a medical diagnosis, and the symptoms may not be caused by a single medical problem.

A number of EHS sufferers have relocated to Green Bank, West Virginia in the Appalachian foothills. Green Bank is within the 13,000 square mile radio free zone in the US. Virtually all wireless devices are against federal law in that zone.

Is the beginning of a trend of EHS lawsuits? Should schools and businesses pay closer attention to the wireless waves being showered on anyone nearby? Will EHS become an ADA issue/category? It is just too soon to tell, but we will keep you informed.

Published on:

Labor Day is upon us. Summer is unofficially over. Many kids have started school and the rest will start in a few days.

About Labor Day

Happy%20Labor%20Day%20%2064937021-001.jpgLabor Day is always celebrated on the first Monday of September. Americans have been celebrating Labor Day since the 1880s, and today it is an official federal holiday.
It is the day Americans celebrate their achievements in work, which the US Department of Labor says has contributed to prosperity and well-being of America as a whole.

Some Interesting Labor Day Facts

 This year, more than 35 million Americans will travel over Labor Day weekend.

 It is estimated that over 350,000 of them will choose Las Vegas as a destination.

 President Cleveland made Labor Day and official US holiday in 1894.

 Labor Day gas prices are the lowest in 5 years.

 Labor Day marks the end of hot dog season (it starts on Memorial Day), when Americans consume seven billion hot dogs; 818 per second!

Take this weekend to celebrate the fruits of your labors… wear white, enjoy a bar-b-que, eat some hot dogs and whatever you do, stay safe and have fun.

We are glad to have you as part of the Sylvester, Oppenheim & Linde team!

Published on:

A lawsuit filed by an Ohio family on behalf of their bullied daughter has been settled. The family sued the Green Local School District in 2011, alleging that their daughter had been systematically bullied over the course of years at school.

Bully%20Stop%20Violence%2053127538-001.jpgThe 2011 complaint alleges that the student suffered abuse that included epithets like “dirty Jew” and being knocked into the lockers. Allegations of shoving, tripping and kicking are also made in the complaint. Other incidents involved a stabbing with a pencil and the creation of a hate-filled Facebook page. Two students in the district also created a kill list that prominently featured the victim’s name.

The student’s parents took their concerns to various school officials. Working their way up the chain of responsibility, they eventually became aware that the district was unlikely to take any real action on the case. The district had an anti-bullying policy, but the attorney for the family says that they seemed to have problems actually taking action when the policy was violated. Attorney Ken Meyers asserted that students caught bullying were only given the lightest of penalties.

The family felt that they weren’t truly being heard. They pulled the student from her school and filed a lawsuit. After three years of fighting the lawsuit the district finally agreed to pay a settlement of half a million dollars. The money will be jointly provided by the school district and their insurer.

A statement from the school district announced the settlement, commenting that they “are pleased the lawsuit is now behind” them. It goes on to say that “the Board of Education condemns bullying without reservation,” and that students are encouraged to report instances of bullying to administrators. Nonetheless, the district must submit to a U.S. Department of Education review of its policies as a part of the settlement. They have also agreed that teachers will receive enhanced response training.

It’s always disappointing when cases like these can’t be resolved in the initial stages. It’s an expensive lesson for this school district, but hopefully they will be better equipped to respond to future instances of bullying.
Continue reading

Published on:

As various social media formats and blogs continue to evolve, the definition of free speech may also evolve. That seems to be the case with a former Bucks County, Pennsylvania English teacher who sued her former employer.

Grades%20on%20a%20chalkboard%2033883975-001.jpgThe situation began in 2011, when teacher Natalie Munroe began blowing off steam through her personal blog. She routinely made attacks on her students, whom she did not name, in the blog. Using descriptors like “utterly loathsome,” “frightfully dim” and “jerk.”

Before long, links to her blog were being floated around parents and students in Central Bucks School District. Despite receiving positive teacher evaluations in 2008, Munroe found herself being put on a disciplinary work plan because of the furor her blog posts caused. Subsequent evaluations were poor, and Munroe was terminated.

Munroe and her attorney claim that the work plan and the poor evaluations were retaliation for the blog posts. Further, they claimed that the posts should have been protected as free speech under the First Amendment.

A recent decision handed down by U.S. District Judge Cynthia Rufe disagrees with the plaintiff’s assertions. Judge Rufe used a time-tested standard for determining whether or not the blog posts were protected speech. She noted that Munroe was a public employee who may be held to a different standard when disparaging their employer. Ultimately, Judge Rufe said that the blog posts caused a significant disruption at the school and within the district. This disruption made it difficult for the district to carry on its essential function to educate students. Accordingly, Munroe’s blog posts were not protected speech.

Because of the judge’s ruling, this case will not be proceeding to trial. Legal scholars warn that anyone who is employed by a public entity should be exceedingly careful about their social media presence. In most instances, it’s best not to blog or otherwise post comments about a public employer, coworkers or recipients of the services provided by government entities. Doing so may put the blogger’s job in jeopardy, and there is a very good chance that a court will agree that the employer was within their rights.
Continue reading

Published on:

A Southwest Airlines traveler is expressing his displeasure after he was temporarily removed from a flight for tweeting about a gate agent. Duff Watson was traveling between Denver and Minneapolis with his children, aged 6 and 9. Watson was a Southwest Airlines A list traveler, a status that granted him priority seating.

Social%20Media%20Magnified%2044298834-001.jpgWatson prepared to board the plane with his children, only to be told by a gate agent that while his A list status entitled him to early boarding privileges, his children were exempt. As a regular Southwest customer, Watson says the decision mystified him. He had been able to have priority boarding with his children on the airline on several past occasions. When the agent denied him the ability to board in the A group with his children, Watson told her that he was going to tweet about the incident.

“RUDEST AGENT IN DENVER. KIMBERLY S. GATE C39. NOT HAPPY @SWA,” was Watson’s all caps posting. He boarded the plane with his children, only to hear his name being called over the loudspeaker. They were being asked to leave the plane.

The gate agent said she felt threatened by the use of her name and location in the tweet. She requested that Watson delete the tweet before he and his children would be allowed to board the plane. Watson eventually complied after a supervisor was called in to handle the situation. However, the damage was already done.

The story has been reported in many media outlets with the deleted tweet being read more times than it might have been otherwise. Watson vows never to fly Southwest again. In a statement, the airline notes that a “customer was briefly removed from flight #2347 … to resolve the conversation outside of the aircraft and away from the other Passengers.” The statement goes on to say that Watson was not removed from the plane only because of the tweet.

Southwest will not be releasing details about what, if any, disciplinary actions were taken against the gate agent. Vouchers were provided to all three travelers, but it seems unlikely that they will be used.

While no lawsuit has been threatened or filed, time will tell if this incident will lead to another in the evergrowing number of social media lawsuits.

Published on:

An offhand, two word social media post has ignited controversy in Minnesota. Reid Sagehorn, who at the time of the post was a 17 year-old senior at Rogers High School in Rogers, Minnesota, responded to a Twitter post with a flippant comment. Though it took only seconds to post it, the fallout has lasted for months and has now become the subject of a lawsuit.

Social%20Media%2037877338-001.jpgIn January of 2014, Sagehorn was asked by an anonymous Twitter user whether or not he had ever made out with a 28 year-old physical education teacher at Rogers High School. Sagehorn replied, “Actually,yes.” Although he insists the comment was made in jest, school district officials took it seriously. Charging that his remark damaged the reputation of the teacher, the principal at Rogers High suspended Sagehorn for five days. Another five days were later tacked on before even more days were added, resulting in a suspension of about seven weeks.

The local police also got involved in the melee. They opened a criminal defamation investigation against Sagehorn. Although no charges were ultimately filed, Sagehorn contends that the felony investigation further harmed his reputation.

While enrolled at Rogers High School, Sagehorn was a member of the National Honor Society and a star athlete. He was in the midst of his senior year when the Twitter controversy began. Overcome with humiliation, Sagehorn withdrew from Rogers and graduated from another local high school. Nonetheless, the fallout from the suspension and the investigation by police continues to haunt him.

That’s why Sagehorn recently filed a lawsuit that names various school district and police officials as defendants. The lawsuit seeks damages for the harm done to Sagehorn’s reputation. His lawyers claim in the complaint that Sagehorn’s posting in no way posed a threat to the teacher. Moreover, he made the post on his own time without using any school resources. Accordingly, his lawyers believe his First Amendment rights were violated by the actions of the school and the police. The outcome of this case may well set a precedent for how schools respond to student use of social media.

Published on:

Last month, a case was settled between a 6th grader and the Minnewaska School District in Minnesota over a Facebook post from 2012. The American Civil Liberties Union of Minnesota defended Riley Stratton, who was punished for a post that she made on her Facebook page.

Social%20Media%20Compass%2054107999-001.jpgHer school forced her to hand over passwords for her Facebook and email accounts. The ACLU won their case after two years, and now the school district must strengthen privacy protections and pay damages.

Riley stated that she was happy that the case was finally settled, and that her school has to change its rules so that other students don’t have to go through what she went through. “It was so embarrassing and hard on me to go through, but I hope that schools all over see what happened and don’t punish other students the way I was punished,” she said after the settlement.

Stratton was repeatedly punished for a comment that she made on her Facebook page while at home about a faculty member at her school. Her Facebook was then searched by school officials with police present because a conversation about sex with a boy was also investigated on her Facebook. After the ordeal, Riley no longer wanted to attend school.

The school district must now change its policies and pay $70,000 to Riley and the ACLU-MN to cover court costs and support other ACLU-MN efforts in the future. The case is certainly a lesson for school districts in every part of the country as many have changed their policies regarding social media and students.

From the ACLU press release: “We are pleased with the settlement and hope this sends a clear message to other schools that is bad policy to police students’ behavior on social media,” said Charles Samuelson, who is the Executive Director of the ACLU-MN. “There may be times when it is appropriate for schools to intervene, but only in extreme circumstances when there are true threats or safety risks.”

The school district’s new policy will work to protect students’ privacy while also training staff members to ensure that correct procedure is followed.

Published on:

A Massachusetts high school student who landed in hot water after posting a profane tweet has successfully enlisted the ACLU to intervene on his behalf. The student, Nick Barbieri, is a senior at North Attleboro High School. His school sent a tweet in early February that informed students of a class cancellation because of inclement weather. The tweet ended with a “See you in June,” which Barbieri seems to have interpreted as a sarcastic tagline referring to the makeup day that would be required in June.

Social%20Media%20Compass%2054107999-001.jpg
Barbieri responded with a tweet of his own that read, “F— off.” It wasn’t long before school officials were calling his home and demanding that the tweet be deleted. The student complied, and assumed that the situation was at an end.

However, when school resumed, Barbieri found himself being pulled out of class multiple times to discuss the situation and the punishment that the school was contemplating. Barbieri faced a minimum six hours of detention, and may have been subject to suspension.

He took to Twitter once again, sending messages about the school’s response and the pending punishment. North Attleboro High responded by asking him to delete these tweets as well. Frustrated, Barbieri finally sent a tweet directed to the ACLU, asking that they help him to protect his right to free speech as it is guaranteed by the First Amendment.

Stepping in quickly, an ACLU lawyer drafted a letter (available HERE) to school officials that asked them to reconsider their approach to the situation. The letter pointed out that the school did not have the right to punish a student for his remarks while off school property, even if those remarks related to the school. Moreover, the letter suggested that the school actually owed Barbieri an apology for seeking to punish him for speaking his mind.

The letter worked. North Attleboro High reversed its decision to punish Barbieri for the tweet, and his record has been cleared. Barbieri remains philosophical, noting that social media is unexplored territory for many, and that schools will have to deal with the fact that tweeting invites comments from others.

Published on:

In some cases, social networking websites represent wonderful opportunities for users to connect with old friends and family or to make new acquaintances. However, that isn’t always the case with MeetMe.com. This Pennsylvania based service features an app that allows users to locate other users within convenient physical proximity. Essentially, the app uses GPS signals from the users’ cell phones to alert them when other users are near.

Online%20Risks%2057598610-001.jpgThe trouble is that MeetMe.com appears to have put few safeguards in place. People as young as 13 may sign up for the service, and it’s very easy for older users to represent themselves as much younger people. The result has been a number of sexual assaults occurring between MeetMe.com users who are over the age of 18, and other users who are as young as 12.

San Francisco City Attorney Dennis Herrera recently filed a lawsuit against the networking website. He believes that MeetMe.com’s lack of safety regulations provides sexual predators with a convenient means of finding victims. In Herrera’s complaint, he notes that anyone can sign up for an account at the website, and that it’s remarkably easy to enter any desired birth date. The site has about 40 million registered users. Estimates suggest that teens between 13 and 17 make up about a quarter of that number.

Teens may sign up for the website without obtaining the approval of their parents or legal guardians. This had led to several frightening incidents in California and in other places across the country. Incidents include a 29 year-old man who used MeetMe.com to send explicit messages to teen girls, a 23 year-old man who sexually assaulted a minor he met via the website and a 21 year-old man who represented himself as a 16 year-old in order to have sex with two minors, one just 12 years-old.

MeetMe’s representatives have not made substantive comments on the suit, but say they have a dedicated security team that routinely scouts the website for sexual predators. It seems likely that MeetMe will be forced to review some of its policies in light of this litigation.