Appropriate Use of Social Media and Cell Phones

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1 Appropriate Use of Social Media and Cell Phones Karen Haase Harding & Shultz (402) H & S School

2 Raise your hand if You have a cell phone You use text messaging You ve taken photos with a cell phone camera You ve ever forwarded a message You have Facebook, Tumblr or Twitter, Snapchat, Instagram

3 What s Wrong with Cell Phones? Nothing! Cell phones are useful tools when used appropriately and with good judgment

4 What s Wrong with Facebook? Again, nothing! Facebook is just like a cell phone you have to use good judgment.

5 So how do kids get in trouble with technology? Cyberbullying Sexting Ignoring Internet Safety

6 Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.

7 Cyberbullying Example of cyberbullying on ichat (Apple s instant messaging) Divagirl: Hey, loser, watch your back. tmt323: What r u talking about? Divagirl: Why don't you kill yourself while u r ahead? tmt323: Why can't you just leave me alone? Divagirl: Ugly girls like u need to be put in their place.

Divagirl: Why don't you kill yourself while u r ahead?

8 How Common is Cyberbullying? one in four students between the ages of 11 and 19 have been the victim of cyberbullying. Approximately 65 percent of kids know of someone who has been cyberbullied.

9 So what s the big deal?

10 School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: ongoing pattern of physical, verbal or electronic abuse Consequences: Loss of extracurricular privileges Detentions Short and Long Term Suspension Expulsion Alternative School Assignment

electronic abuse Consequences: Loss of extracurricular

11 Examples Seattle, WA.: Students who liked Facebook page bullying a classmate all suspended Memphis TN: Honors student suspended for 180 days for commenting on a friend s status

13 Civil Consequences Student and parents can be sued Suing for money; no jail time Homeowners insurance often pays Judgments can result in home foreclosure and other hardship Suit can be for: Intentional infliction of emotional distress Tortuous interference Slander

result in home foreclosure and other hardship Suit can be for:

14 Cutler v. Morales (Nev.) Middle School student bullied Made mean comments in school Called her "Oompa Loompa" and "Dora the Explorer on FB and Twitter Vandalized her house She sued five families $10,00 0 per incident

15 Boston v. Doe (Ga. 2012) Fatbook Profile

17 Boston v. Doe (Ga. 2012) Fatbook Profile Languages Hobbies Fake stories YouTube Videos School didn t punish Sued creators

19 Criminal Consequences for Cyberbullying Neb. Rev. Stat Terroristic Threats: threatens to commit any crime of violence With the intent to terrorize another In reckless disregard of the risk of causing such terror Class IV Felony punishable by: Up to 5 years in prison and/or $10,000 fine

intent to terrorize another In reckless disregard of the risk of causing

20 In re Minor Child (Ala.) High school students arrested at school for threatening classmate on MySpace Threatened to beat him up Said they would plant a bomb in his locker Said he deserved to die Charged with making terroristic threats

21 State v. Clemmens

22 State v. Clemmens Arrested within a few hours Charged with making terroristic threats Sentenced to 5 months probation Banned in 4 counties 2 years of no social media

24 Sexting

25 Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

27 Serious Consequences: Hope Witsell

28 Criminal Implications Under Nebraska Law Neb. Rev. Stat et. Seq. Makes sexting (images) a class IV felony for offenders under 19 Class IIIA felony for 19 and up Both punishable by: Up to 5 years in prison and/or $10,000 fine Require sex offender registration

29 In re Katrina R. 15 year old texted nude pics to her BF Was adjudicated a child who deports herself so as to injure or endanger seriously the morals or health of herself or others Placed in legal custody of HHS 6 months probation Required counseling and community service.

31 Internet Safety

32 Skype

34 The Internet knows everything

35 So What DOES Belong on Your Phone or Profile/Page? Just ask your Grandma

36 The Grandma Rule: If you wouldn t show it to your Grandma, don t photograph it! If you wouldn t write it to your Grandma, don t text it! If you wouldn t tell you Grandma about it, don t post it! If you wouldn t say it to your Grandma, don t say it during a cell phone call!

37 Questions?

38 Questions? (402) H & S School

Appropriate Use of Social Media and Cell Phones. Karen Haase. karen@ksbschoollaw.com KSB School Law @KarenHaase

Appropriate Use of Social Media and Cell Phones Karen Haase karen@ksbschoollaw.com KSB School Law @KarenHaase Raise your hand if You have a cell phone You use text messaging You ve taken photos with a