This document discusses several court cases related to challenges around sexting, texting, and use of social media by students. It summarizes cases where students were disciplined or prosecuted for sending explicit texts or images, creating fake profiles of school officials on Facebook, and sharing videos on their cell phones at school. The document also notes inconsistencies in how two similar cases involving off-campus fake Facebook profiles were decided and an upcoming rehearing that may help resolve these inconsistencies. Overall it analyzes legal issues that have arisen regarding students' use of technology and social media.
4. Graham v.
Ambridge Area Sch. Dist.
David Costanza slept with student
Sued School
Ct. denied Summary Judgment;
school could be sued
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
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. 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
11. 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
13. 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
14. 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
15. 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
16. 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
17. J.S. and Layshock Inconsistent
Third Circuit granted en banc
rehearing
Oral Argument last Friday
Decision -- ??
19. 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
20. Sexting, Texting, Facebook and
other Challenges
Karen Haase &
Kelley Baker
Harding & Shultz
(402) 434-3000
khaase@hslegalfirm.com
kbaker@hslegalfirm.com