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ACLU Sues School for Accessing Student's Facebook: Whose Side Are You On?

SodaHead News 2012/03/28 23:38:10
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The American Civil Liberties Union is suing the Minnewaska Area School District in Minnesota for allegedly forcing a 12-year-old student to give them her Facebook login information after the student was accused of engaging in a sexual conversation with another young student over Facebook. According to Mashable, a school administrator and a local police deputy searched the girl's online chat record before notifying her parents. They didn't find anything.

The issue is complicated by the fact that the girl is not technically old enough to have a Facebook account, but the ACLU is accusing the administrator and the deputy of violating the girl's First and Fourth Amendment rights (freedom of speech and freedom from unreasonable search). An ACLU director issued a statment saying, "Students do not shed their First Amendment rights at the school house gate." Who do you think is in the right: the school or ACLU?

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Top Opinion

  • jgh57 2012/03/29 00:14:42
    ACLU
    jgh57
    +14
    I'm so glad my kids are out of school now. I would have instructed my kids to cal me anytime they were in trouble in the office. Schools have gone crazy and try to monitor and interfere in things that are none of their business. The kids need to have an adult there who is representing them, especially if the police are involved.

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  • pjbfny 2012/03/29 07:44:12
    ACLU
    pjbfny
    +4
    It's not the school's business what was said to the other student outside of school hours. If they were concerned they should notify her parents, and let them deal with it.
  • Tara-ABO-2012 2012/03/29 06:51:47
    ACLU
    Tara-ABO-2012
    +4
    As long as what you are doing is on your home computer on your own time they have NO RIGHT to see it. If they believe they have a right to see it, let them get a warrant!
  • Goducks5 2012/03/29 06:07:40
    ACLU
    Goducks5
    +3
    The school has no right to view the student's personal information.
  • aneed2know 2012/03/29 05:59:30
    ACLU
    aneed2know
    +5
    What a person does outside of work on their own property is their business and yes i consider school work.
  • Notsodj 2012/03/29 05:57:14
    ACLU
    Notsodj
    +5
    We are not guaranteed the right to privacy by either our federal or any state constitution. For those thinking I'm talking our my ass: check into Madonna vs Paparazzi (state of Cali) however; the school cannot force you to disclose personal information without a parent ate officer's consent.
  • scum1 2012/03/29 05:48:33
    ACLU
    scum1
    +3
    Just more stupidity from the people running our education system. Really these people went to college? I'm not bashing teachers but some of them along with school officials keep making the most ignorant decisions. It is like they have no common sense.
  • Notsodj scum1 2012/03/29 05:58:31
    Notsodj
    +3
    It's crap like this that worries me as I continue working on obtaining my teaching degree.
  • Josh Stephens 2012/03/29 05:43:12
    The school
    Josh Stephens
    +2
    Oops, I meant ACLU. I'm just not used to ever agreeing with the ACLU! My bad
  • sherie 2012/03/29 05:40:56
    ACLU
    sherie
    +1
    The school went too far.....this was not within the scope of their authority....I dont get it. Schools swing from one extreme to the other.Instead of checking out private facebook conversations, they should be concerned about why classroom doors with out windows in them could be LOCKED so that a pedophile teach in CA was able to abuse and photograph his victims without anyone knowing! My God.Police the teacher molding our children and stop worrying about their social lives.....that's the parents' job......an after thought....was this a school owned computer she was accused of using inappropriately ?That could possibly put them in a different position. Otherwise they have no business in her private conversation.
  • BSINCO sherie 2012/03/29 07:11:39
    BSINCO
    The school should have filters that block certain websites and all social media should be included in that list. I know my kids cannot access certain cites at school and presume if Youtube is blocked that so would Facebook.
  • pjbfny BSINCO 2012/03/29 10:06:25
    pjbfny
    +1
    Those filters are ridiculously easy to bypass.
  • BSINCO pjbfny 2012/03/29 16:47:01
    BSINCO
    To be honest, limiting access to the internet is like limiting access to the library of congress. I trust my kids know better than to surf for porn at school.
  • pjbfny BSINCO 2012/03/30 20:19:50
    pjbfny
    I agree. If I had kids, I'd likely teach them how to bypass the filters. If you're in the computer lab during study hall or something, then why not social network? I know I didn't use study hall to study. I went to the library to find books for enjoyment, usually.
  • PAUL F 2012/03/29 05:34:26
    The school
    PAUL F
    If we are going to hold schools responsible for the actions of the children in the school! They should have the right to find the truth!

    Let put it another way! Do the parents have the right to know what there child is doing?

    If we are putting the same burden on the school they need the same access!

    Her's an idea! Why don't we force the parents to parent! If the school get an accusation they should go to the parents and solve the problem Privately! Not bring in the ACLU and try and control the rst of the descent people that are left!

    One more thing! If there was school choice the school or anyone else would not have the ability to force any one to d anything! The parents could decide to go to another school!
  • scum1 PAUL F 2012/03/29 05:46:39
    scum1
    So maybe the school should be allowed to put cameras in students homes and tracking chips under their skin right. I mean they need to be able to watch them 24/7. How about handing over the keys to your house in case the school officials want to drop by for a random search of your kids room? Phone tap anyone?
  • PAUL F scum1 2012/03/29 14:17:40
    PAUL F
    That's the point! The school and the government have no business being involved in controlling are kids! The parents should! The problem is if one crazy kid goes nuts! The school gets sued and the teachers and administration get fired! It is time to get the government out of educating are kids!
  • scum1 PAUL F 2012/03/29 17:43:09
    scum1
    +1
    How in any way though does engaging in a sexual conversation on Facebook have anything at all to do with the school? I could see if they thought there was maybe some threat to the school and it's safety. Even then they have to go through the proper legal channels. How is the school going to be held responsible though for a kids sexual conversation on Facebook. At the most they should contacted the parent and informed them of the alleged problem.
  • PAUL F scum1 2012/03/29 20:25:30
    PAUL F
    As far as I am concerned! The school has no right to control content if it is a government school.

    Like I said before, the government should not be in the business of educating are kids! But, if parents do not have any choices in where there kids go to school. This type of over reach will continue. If he was in private school and the parents know the rules of that school. Then he would be thrown out or disciplined under the rules the parents and the school agreed to.

    But, when you have a government running the show the rules change with the wind and what group is under control at that moment!

    You may not care if your kid "engages in a sexual conversation" but others in the school do. That is why we need to change the system we have now. It is not working. The population is less educated now then in the last 50 years and it is getting worst! This little brat is just a piece of dust on the whole problem!

    The school is responsible for the safety and environment of there schools.
    He broke the rules and now he has to pay the price! The ACLU is flat wrong! The school was not controlling the speech they where reading it off their computer!
  • scum1 PAUL F 2012/03/29 22:00:16
    scum1
    Was the kid having the conversation at school? It was on facebook so that should be blocked at school. How was the kid breaking a school rule? Also the local police were involved? They should know better. Inform the parents as to what you have heard and let them deal with it at home. As for the government being in the education business that is a whole other discussion
  • pjbfny PAUL F 2012/03/29 07:49:45
    pjbfny
    "The parents could decide to go to another school!"
    You really have no idea HOW the school system works, do you?

    "Do the parents have the right to know what there child is doing?"
    Yes. And the school failed to notify them until AFTER they did their own "investigation".

    "Why don't we force the parents to parent!"
    The school didn't give them that opportunity.

    "If the school get an accusation they should go to the parents and solve the problem Privately!"
    The school DIDN'T go to the parents, that's art of the problem. They took it upon themselves to demand private information that they had no right TO demand.

    Also, please stop abusing the exclamation point. Most of your post required only a full stop (aka a period).
  • PAUL F pjbfny 2012/03/29 14:25:05
    PAUL F
    NO! I like the exclamation point! It makes a statement!

    As far as your point are concerned. The government should not be in the business of educating are kids!

    It is clear judging by your way you think. You want to have the government to be in control! The fact is if you are paying the school your self they will not do anything like this because there will be repercussions. We can not continue to have people like you thinking you are going to reason with nut cases.

    The last 3 1/2 years should have told you that!!!!!!!!!
  • pjbfny PAUL F 2012/03/30 20:23:51
    pjbfny
    When you actually read my comments with some degree of comprehension of what I said, I'll reply again.

    Because, seriously, if what you got from my reply was that I think the government should be in control, you're either not actually reading my comments, or you're too stupid for me to try to talk to.
  • PAUL F pjbfny 2012/03/31 21:10:57
    PAUL F
    It is clear you are a socialist! I have read your comments! The fact is I would not want to have a child that was being raised by you any one who thinks like you having sexual conversations with my 12 year old child!

    You do not have children according to your profile. So why in the world would I pay the slightest attention your your thoughts! This is why the government should not be in charge of education!

    Unfortunately you are educated in a generation that has no morals and has the lowest level of literacy in the last 100 years of this countries existence's!

    So, telling me I am "Stupid" just shows who is better educated in the real world!
  • pjbfny PAUL F 2012/04/02 23:18:44
    pjbfny
    You are in NO position to be talking about literacy levels. And no, you're far from better educated. In ANY manner of speaking.

    Me not having children doesn't mean I'm not entitled to an opinion. Perhaps I have friends with children (I do), nieces and nephews, etc. But please, go on. Your ignorance, while appalling, is also amusing.
  • PAUL F pjbfny 2012/04/05 16:11:28 (edited)
    PAUL F
    OK! Loser! You miss the point! Once again! You may have gone to the best collage in the world! But, you have no common scents!

    You can have all the opinion's in the world you want! You are still wrong! You are very concerned about education and not morality! You may read and write better then I do! However, you do not look at the world the same way! You live in Albany NY and have a very different life style then I do! You will never understand me and NO ONE WILL UNDERSTAND you!

    I am glad you are entertained. It just just show your intelligence's!

    I know you need to be the last to write something! So, go ahead and get it out of your system and I will leave you to your mental victory. Of mental masturbation!
  • Marcus Clark 2012/03/29 05:31:37
    ACLU
    Marcus Clark
    +2
    This is one of those *rare* situations where I'll side with the ACLU.
  • America... Marcus ... 2012/03/30 04:57:16
    American☆Atheist
    congrats
  • G118 2012/03/29 05:24:50
    The school
    G118
    She is not 13, so technically she is conducting an illegal activity.
  • Notsodj G118 2012/03/29 05:52:05
    Notsodj
    +1
    There is no law that I know of (please correct me if I'm wrong) that says its illegal for a 12 yr old to have a Facebook account. If I'm not mistaken, it's just a Facebook policy.
  • G118 Notsodj 2012/03/29 18:27:38 (edited)
    G118
    Facebook rules and terms and conditions clearly states, You must be 13 years old to have an account. If you lie and say your 13 and your not... Fraud!.... and that is illegal. If you wanna get completely technical.
  • Notsodj G118 2012/03/30 09:34:43 (edited)
    Notsodj
    A 12 year old claiming they are 13 to open an account that makes no real effort in verifying the member age hardly constitutes fraud.. Since we are going that route however, let's charge Facebook with negligence since they aren't putting forth a good faith effort in ensuring their members are actually 13.
  • Anthony Souls 2012/03/29 05:13:38
    ACLU
    Anthony Souls
    +2
    USA School Systems = Tyranny/Dictatorship = Infection to our very nation's core...

    Schools are getting out of control are are trying to become dictatorships unto themselves. People equate students with no rights all the time, and it's just absurd. It's about time someone is taking legal action against this form of tyranny.

    Take care,
  • cmdrbnd007 2012/03/29 05:10:58
    ACLU
    cmdrbnd007
    Ok, Hell must be freezing over because I'm siding with the ACLU on this. Where the hell did the school get off thinking they could force that poor girl into divulging her password. It's there for a reason. I believe that anything you post on the internet has the potential of becoming public information but you still have a right to your own privacy. Hope that school district has good insurance because I would sue if I were her parents.
  • Beat Ma... cmdrbnd007 2012/03/29 09:18:05
    Beat Magnum True Hero
    +1
    Read some of the ACLU's case history. You may be surprised with what you agree with.
  • America... Beat Ma... 2012/03/30 04:58:01
    American☆Atheist
    he just watches fox news stories of the ACLU
  • America... cmdrbnd007 2012/03/30 04:57:42
    American☆Atheist
    congrats
  • dandieselonian 2012/03/29 05:04:27
  • overlord rai 2012/03/29 05:00:32
    ACLU
    overlord rai
    +1
    ACLU, you can't force some girl to give you her facebook login as a school.
    her parents, sure.
    BUT THE SCHOOL, no.
    especially over an alleged sexual conversation.

    it wasn't like these two students were planing on blowing up the white house.
    aclu had no right.
  • bodaishinboy 2012/03/29 04:58:55
    ACLU
    bodaishinboy
    +2
    How would you like it if your employer viewed your personal email account(s) and used them to decide if you got a promotion or pay raise? We do have a right to privacy.
  • Notsodj bodaish... 2012/03/29 06:00:19
    Notsodj
    It's already happening. I heard on the radio yesterday morning that potential employers are now demanding access to your Facebook accounts as part of the hiring process.

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