sexting: parents of teens beware!

[Sara Noh]

One of our H.S. senior athletes was kicked off the team last year because a picture of her drinking in Tijuana over spring break last year forund its way onto YouTube or Facebook. Violation of the school's Athletic Honor Code, cost her participation in team sports during her senior year. S-T-U-P-I-D, bet she or her peers or whoever posted her photo thought it was funny at the time. All student athletes are warned at the beginning of the school year that the school monitors sites like those yet it continues. An even sadder thought is that colleges and empolyers also monitor internet sites and that her foolish actions might have ramifications reaching far beyond ruining her H.S. athletic career.

 

[OKFC05]

Originally posted by Erich:
I know how liability works - they covered that pretty well in law school.

I know you do, but did you get my point that the school boards and school administration are going way beyond the usual black letter liability in holding teachers responsible for kids actions over which the teachers have no authority or control? It leaves the teacher in a catch-22 situation.

 

[Spotteddog]

An even more uncommon occurrence?
Yet more teenager's acting stupid!
Anyone care to recall how we all acted when we still thought of ourselves as "immortal"?
Not much better, if we're honest. We just didn't have the technology to do it with. Had we, we'd have done it too!

 

[Lenshappy]

Link

 

[Erich]

OKFC05, obviously I can't comment on undetailed allegations about how someone may or may not be applying the law correctly. I would suggest that undetailed allegations are not sufficient to substantiate a claim that the courts are now allowing plaintiffs and employers to jack schoolteachers for things properly outside their control.

However, I have no doubt that people are using the silliness with the cell phones to get other people worked up into a dither - and some of those people will be making all kinds of possibly incorrect claims as to how it legally affects other people. I would encourage anyone who feels that s/he is being improperly held to account (whether by employers or whomever) for the actions of others for which s/he has no control to consult with a lawyer. This is the only way that such a person can determine how the situation should be addressed.

 

[OKFC05]

and some of those people will be making all kinds of possibly incorrect claims as to how it legally affects other people

That's already happening, for sure.

 

[44forever]

Back in the day, knowledge of what went on in the back seat was limited to the local town. If you moved a few hundred miles, you got a clean slate, reputation-wise. The problem now is it is being posted on the "world wide web".

Having said that, I don't see how someone is being prosecuted because somebody else sent them a dirty picture. If they didn't request or encourage the activity, how can they be held criminally liable?

 

[OKFC05]

obviously I can't comment on undetailed allegations about how someone may or may not be applying the law correctly

I won't go into details on my particular case other than to say that I resolved the issue of the new teacher's handbook being in serious conflict with state law by discussion with the school administration and counsel, without resort to the courts. As soon as school counsel sided with me, the attitude changed.
However, none of the permanent faculty spoke up, and had I not done so, the rules would have stood. Teachers are threatened with bad reports and firing, but basically I dared them to fire me for refusing to violate state law.

 

[m1gunner]

Originally posted by 44forever:
Back in the day, knowledge of what went on in the back seat was limited to the local town. If you moved a few hundred miles, you got a clean slate, reputation-wise. The problem now is it is being posted on the "world wide web".

Having said that, I don't see how someone is being prosecuted because somebody else sent them a dirty picture. If they didn't request or encourage the activity, how can they be held criminally liable?

The mere posesion of "child pornography" (AKA kiddie porn) is enough to get you a ticket to the Gray Bar Hotel. It matters not how those pics came to be in your posesion.

The problem is the defination of porn seems to vary by location, so ANYTHING the least bit suspect may cost you dearly.

 

[BLACKHAWKNJ]

A number of responsible parents give their kids cell phones-think "Big Brother". Let's the parents check up on the kids whenever they want to. Also makes it easier to deal with emergencies. What parents should do is check the cell phones carefully and make sure it doesn't have a "Stupid" button. And check the bill.

 

[geoff40]

Originally posted by Erich:


I know there's been a recent upswell in news stories on the topic, but I'd sure like to think that folks here were more able to discern true problems from distract-the-masses hysteria promulgated by the Masters of the MSM.

Aren't there many worse horrors with which parents should be concerning themselves? And, for those kids who are such idiots that they think sending nude pix of themselves out into the aether is a good idea (and these are kids who were raised with the 'net, so they have an idea of how little privacy there is on such things), perhaps a little humiliation now will be a good lesson. As far as the felony charges, well, now there's a little "real world" wake-up call, isn't it?

I don't know why this concerns the schools at all - the schools don't issue cell phones. How is it their problem?

I just don't see the need for the alarum . . .

Well maybe because the problem is growing. I am a bit surprised by your take on this. How could a school system not become involved in this, when its happening in school by students they are supposed to be responsible for?

 

[Erich]

Well, I assume they're not involved in a whole lot of things about the lives of the kids who attend: religious instruction, sexual activity outside of school, political instruction. Basically, I guess I'm one of those guys who thinks that the schools should stick to teaching the kids the curriculum.

If the school wants to ban cell phones at school, it should by all means do so. However, if little Johnny Wang wants to send a picture of his third leg to little Susie late on a Friday night, well, I just can't see how that's the business of the school system.

And I am amazed that folks are this troubled by innocuous stupid behavior between kids. It's not something that I ever would have done, but I don't really think this is a major problem facing America right now.

 

[BarbC]

Maybe not your problem, Erich, but these "zero tolerance" school policies have caused a lot of problems for a lot of kids and their families. It doesn't take much to get a 5-day suspension and a black mark against your school record. "Sexting" and other shenanigans may seem stupid and sophomoric but these kids will pay a hefty price for being stupid kids.

 

[CAJUNLAWYER]

Originally posted by Erich:
Well, I assume they're not involved in a whole lot of things about the lives of the kids who attend: religious instruction, sexual activity outside of school, political instruction. Basically, I guess I'm one of those guys who thinks that the schools should stick to teaching the kids the curriculum.

If the school wants to ban cell phones at school, it should by all means do so. However, if little Johnny Wang wants to send a picture of his third leg to little Susie late on a Friday night, well, I just can't see how that's the business of the school system.

And I am amazed that folks are this troubled by innocuous stupid behavior between kids. It's not something that I ever would have done, but I don't really think this is a major problem facing America right now.

Erich, I agree with you-but I am representing someone right now who forwarded one of these under age photos and he is 18 (thge girl is 16), he is now faced wiht being a reporting registered sex offender.

When the DA is an ***HOLE all bets are off

I've got a picture of my cat on my phone lying on her back. I call it my "Kitty Porn" amazing the reaction I get

 

[ingmansinc]

Originally posted by mnhntr:
my question is what responsible parent gives a 12 yr old girl a cell phone

Why worry about a phone, my family physician told me the average age that girls start having sex is 13 or the 8th grade.

 

[ElToro]

Originally posted by Smithfan:
Seriously, technology can't be stopped. I suspect the best anyone can do is have a frank talk with his or her kids about the sheer stupidity of posting a nude picture of oneself onto the Internet, where it <STRIKE>just might</STRIKE> WILL remain forever.

fixed it for you

 

[Hermann]

I consider myself a responsible parent and I gave my 12 year old girl a cell phone.
It is a "prepaid" phone that has only limited options.
The purpose is, she can call home when school is over sooner than planed, or if she needs to contect us for some reason. She uses the phone only when needed, meaning 5$ phone use in 3 months. It all comes down to the kids personality, not the technology is the problem ...