This document discusses the legal implications of social media use in schools. It begins by providing context on how social media has evolved and become integrated into students' lives. It then examines key court rulings related to student free speech online and offline. The document advocates that banning social media is not the solution and that students should be taught how to use it safely and effectively. It also cautions educators and employers to be aware of their digital footprint and potential legal issues around using social media. The document concludes by stressing the need for districts to provide professional development and implement sound social media policies to help navigate these challenges.

1. Legal Tweets
Balancing the Promise of Social
Media and Its Implications in
Schools
Monday, May 7, 2012

2. First a Tweet...
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3. Elements embedded
Important facts
Context/history
Stakeholders
Remedies/Action Plan
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4. Change due to the Net
Role of teacher from expert to facilitator
Students are digital natives
Conflict is inevitable-legal resolution
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5. Student Expression
Tinker
Armbands OK as long as they do not “substantially interfere
with the operation of the school”.
Bethel
Sexual innuendo is ok.
Layshock
Upheld rights of students to set up fake MySpace accounts.
Supreme Court: not yet on social media.
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6. Banning is not the
solution
“We live in an amazing age of global travel and
communications, which explorers like Lewis & Clark
probably never imagined could exist. The information
landscape today is similar to an amazing buffet of food:
Full of choices, fraught with challenges, and ripe with
opportunities. Like the ocean, the Internet can be a
dangerous place but also an extremely engaging and fun
destination. Just like responsible parents who teach their
children to swim in the ocean and make good decisions
when they are in and on it, as educators we need to help
our students learn to safely and effectively use the
Internet in constructively powerful ways.” (Fryer, 2006)
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7. Instead: Teach students
how to use social media
THEN: Children’s Internet Protection Act
(2000)
Required for e-rate
NOW THE WORLD HAS CHANGED: Social
Media, Mobile Technologies
“Education, not mandatory blocking and filtering, is
the best way to protect and prepare America’s
students.” (from ISTE)
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8. Use of Social Media by
Educators
Employers Checking out Potential Employees
Digital footprint
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9. Abby’s Social Media
Timeline
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10. Abby’s Social Media
Timeline
The first commercial dial-up Internet provider was launched the year she was
born.
She was a year old when the first web site was created
Four when the first popular web browser, Netscape Navigator was released, and
Eight years old when Google launched.
11 years old when Wikipedia was born.
14 when Facebook launched.
16 when the first Tweet was delivered in 2006.
17 when The iPhone was the biggest innovation of 2007.
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11. Still, employers have to
be careful
Maryland Dept. of Corrections:
"Do you have any web page accounts such
as Facebook, MySpace, etc.? If so, list your
username and password."
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12. Complaining about your
employer
Stein Case
Given “other than honorable discharge” for
negative comments re: Obama
Role of NLRB
Usually rules in favor of employee and is
stretching into non-Union arenas.
From Section 7 of the NLRB Act in 1935. OK to
use social media to criticize employers.
Monday, May 7, 2012

13. Getting the Word Out
Facebook comments from citizens
Protected by First and 14th Amendment
Bottom line-be ready to deal with criticism if
you open up the avenue.
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14. Teacher’s PLN
Be Careful!
Christina Rubino lost job for saying on FB:
“After today, I am thinking the beach sounds like a
wonderful idea for my 5th graders! I HATE THEIR
GUTS! They are the devils (sic) spawn!”
The Court remanded the case back to NYDOE
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15. Leader’s Action Plan
Districts must develop rigorous and appropriate PD.
Districts must develop sound social media policies.
Leaders need to monitor changing Federal policy
and legal decisions.
In the midst of a positive approach to the promise of
social media, leaders must be aware of pitfalls that
can trounce the educational potential of
technology.
Monday, May 7, 2012

16. Twitter
Anyone out there?
Monday, May 7, 2012