The Supreme Court Upholds First Amendment Rights

[Andara Bledin]

The Supreme Court has decided that racy photos posted to Facebook, MySpace, Photobucket, et al, are protected under the First Amendment as free speech and that a school has no right to discipline students who post such images unless it can be shown that they are cause for a material disruption of the school's mission.

Article at Ars Technica
Teenage girls' Facebook photos are Constitutionally protected speech

The actual court decision (pdf)

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[HYHYBT]

Sounds good to me.

[Nyoibo]

Works for me, unles they were doing something that directly impacts the school, like doing that in a school uniform or on school grounds the school has no business getting involved.

[bainsidhe]

Wonder how that applies to a teacher posting something legal and non-school related on FB.

[Akasa]

Like wearing a bikini? Should be protected, I'd like to see the lawsuit.
"I was fired for having pictures of me in a bikini on my fb page and the Supreme court has declared that fb pictures are protected speech!"

[insertNameHere]

Actually, I believe due to free speech it shouldn't matter if they are in a school uniform or not. I also believe if it is something that doesn't happen while on school grounds/ school related field trip, there is NO REASON for the school to be able to have an input!

[DrFaroohk]

Thumbs up all the way. Schools need to mind their own crap and keep their noses out of everyone else's. Maybe now they can actually focus on the things they were paid to do!

I dont think it should matter for a teacher either. Work is work, home is home. The two shouldn't ever be mixed unless it's a direct effect.

[Jester]

Work is work, home is home. The two shouldn't ever be mixed unless it's a direct effect.

Great theory. Unfortunately it works different in reality.

I could cite countless examples of police officers who were fired for questionable pictures on facebook or myspace, or similar sites. I don't need to, as I know one such former officer personally.

Now, she has worked at various bars I frequent, and I consider her a friend, so I am biased, but I have heard both sides of this argument. On the one hand, she was a representative of the KWPD. On the other hand, what she was doing was on her own time, and none of the photos displayed her unclothed.

Whatever your opinion on such things, to say that work is work and home is home is just not realistic with the internet's role in today's society.

[DrFaroohk]

Well what I'm saying is these things SHOULDN'T happen. It is wrong. It's an invasion. Don't like what you see on someone's facebook page? Don't look at it. I have to question why an employer would be scanning his employee's facebook page in the first place. Seems kind of fishy.

Edit: Again, its different if its a direct effect. i.e. a taxi driver who gets a DUI, that directly effects his job. He can't drive anymore. Or if you're posting company secrets on facebook, that's different. you're directly impacting the company. But just cuz there's a picture of someone god forbid holding a BEER...OH NOES!

[Sleepwalker]

This applies to students, not employees.

[Andara Bledin]

On the one hand, she was a representative of the KWPD. On the other hand, what she was doing was on her own time, and none of the photos displayed her unclothed.

She included pictures of herself in uniform with the images of her in her panties/bikini bottoms. Honestly, that is a lot more about corruption and sexism (very likely) with the pictures just being a convenient excuse.

However, if you work for the cable company and you use the company van and are dressed in your company jumper when you decide to take a photo series of you doing a rape play scene with your girlfriend, don't be surprised when your ass gets canned.

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[AdminAssistant]

When I went through GTA training/orientation we were told that we could do what we liked, but "use a little common sense." Don't get chummy with students, don't give them your personal information, don't add them as friends on Facebook, and don't go drinking in undergrad heavy bars. Keep your social networking sites as locked down as possible, but treat them as if your employers had access to them. Yes, I *could* go out, get blitzed, dance half-naked at a bar, and post the pictures on Facebook. But that would be completely fucking stupid. The job market's more shriveled up than Ann Coulter's hoo-ha; don't give anybody an excuse to fire you.

[Jester]

Well what I'm saying is these things SHOULDN'T happen.

No, it shouldn't happen. And Megan Fox should be giving me lap dances, and Anna Paquin should be giving me hot oil massages naked, and even ignoring that ridiculousness, I really should be getting laid a lot more than I do.

Okay, forget me and my oversexed brain (and undersexed reality). Children shouldn't be molested, priests shouldn't get away with molesting children, politicians shouldn't get away with taking money from shady characters to do their bidding, or get away with taking our money to fund such shady dealings, police officers shouldn't get away with breaking the law, and people should not be thrown in jail for 20 years for smoking a fucking joint.

But they are, they do, they do, they do, they do, and they are.

Welcome to REALITY. These things shouldn't happen. But they DO.

And since we KNOW that they do, perhaps people who have been surrounded by this shit for YEARS now and have SEEN it happen to other people should wake the fuck up, smell the kilobytes, and realize that anything they post on the internet has the potential and perhaps even the likelihood to be seen by anybody and everybody.

This applies to students, not employees.

Says who? Employees are representatives of their companies, but students are representatives of their schools. Whether or not you like it or agree with it, it is a reality of perception, and there are going to be employers and schools who take offense to things done by their employees and their students, sometimes validly, sometimes foolishly.

The job market's more shriveled up than Ann Coulter's hoo-ha...

I have nothing to debate with you on this. I just wanted to let you know that that was the second funniest line I've heard this week, after only "You've made more children cry than divorce." So, thank you!

[MadMike]

I've said for years that what students do outside of school is none of the school's fucking business. I'm glad to see the schools got smacked for sticking their noses where they don't belong.

[Sleepwalker]

Students do not sign a contract with their school, and are required by law to attend. There are different standards to be met. It is like the difference between your work not taking care of your medical needs, and a prison.

I am not saying that employees SHOULDN'T be a protected class, just that they are a DIFFERENT class.