Before technology made it possible for every handheld electronic device to have a camera, only celebrities had to master the art of secrecy to avoid the public’s eye.
Now, technology has placed “normal” people under the same scrutiny.
Social networking with Web sites like Facebook and MySpace allow almost anyone the ability to post information and pictures about themselves and friends publicly. However, this freedom has repercussions. These repercussions are turning into legal battles.
Recently, the Associated Press reported in Indianapolis, Ind., two sophomore girls sued their school district over being punished because of suggestive pictures they posted onto their MySpace profiles over summer break. The girls were banned from any extracurricular activities at the school.
The American Civil Liberties Union argued the school violated the girls’ free speech rights by punishing them for something that was not school related.
The ACLU continued to say the school “humiliated the girls by requiring them to apologize to an all-male coaches’ board and undergo counseling.”
The results of this lawsuit could set a precedent establishing what is protected information on social networking sites. It is an issue some feel the Supreme Court needs to address. However, a case involving this issue has yet to reach that level.
David Von Palko, attorney and communications professor at APSU said, “The sophomore girls were on a sports team with their school and had to sign an agreement that stated they would not post sexually suggestive pictures on networking sites, so they were aware. That is an important aspect in the situation.”
Von Palko added it was a disruption to the school in which they attended.
The AP reported some legal experts disagree with Von Palko’s interpretation, stating, “Schools must accept that students will engage in some questionable behavior in cyberspace during off hours.”
Other members of the APSU community agree with Von Palko and feel the sophomore girls should expect punishment.
Ericka Conley, a freshman communications major, said, “The school was fair because it makes the school look bad.”
She also said it was such a bad image for the school that they should be expelled immediately instead.
Elsy Moldiz, another freshman communications major, said the punishment should not be that severe.
“They shouldn’t be expelled, but detention is too small,” Moldiz said. The AP reported ACLU Legal Director Ken Falk disagrees.
“We all did things when we were sophomores in high school that can be construed as immature or problematic or whatever, but that is not the issue here,” Falk said. “The issue is what possible impact this could have on the school environment, and the answer is none.”
The lawsuit filed in U.S. District Court in Fort Wayne, Ind., names Churubusco High School, the school’s principal Austin Couch and the district as defendants and seeks unspecified damages. As of press time Monday, Nov. 16, no hearing had been scheduled.
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