legal tweets: balancing the promise of social media and its implications in schools

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Legal Tweets Balancing the Promise of Social Media and Its Implications in Schools Monday, May 7, 2012

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These slides are from a presentation at PSU on May 8, 2012

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Page 1: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Legal Tweets Balancing the Promise of Social Media and Its Implications in

Schools

Monday, May 7, 2012

Page 2: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

First a Tweet...

Monday, May 7, 2012

Page 3: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Elements embedded

Important facts

Context/history

Stakeholders

Remedies/Action Plan

Monday, May 7, 2012

Page 4: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Change due to the Net

Role of teacher from expert to facilitator

Students are digital natives

Conflict is inevitable-legal resolution

Monday, May 7, 2012

Page 5: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Student ExpressionTinker

Armbands OK as long as they do not “substantially interfere with the operation of the school”.

Bethel

Sexual innuendo is ok.

Layshock

Upheld rights of students to set up fake MySpace accounts.

Supreme Court: not yet on social media.

Monday, May 7, 2012

Page 6: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Banning is not the solution

“We live in an amazing age of global travel and communications, which explorers like Lewis & Clark probably never imagined could exist. The information landscape today is similar to an amazing buffet of food: Full of choices, fraught with challenges, and ripe with opportunities. Like the ocean, the Internet can be a dangerous place but also an extremely engaging and fun destination. Just like responsible parents who teach their children to swim in the ocean and make good decisions when they are in and on it, as educators we need to help our students learn to safely and effectively use the Internet in constructively powerful ways.” (Fryer, 2006)

Monday, May 7, 2012

Page 7: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Instead: Teach students how to use social mediaTHEN: Children’s Internet Protection Act (2000)

Required for e-rate

NOW THE WORLD HAS CHANGED: Social Media, Mobile Technologies

“Education, not mandatory blocking and filtering, is the best way to protect and prepare America’s students.” (from ISTE)

Monday, May 7, 2012

Page 8: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Use of Social Media by Educators

Employers Checking out Potential Employees

Digital footprint

Monday, May 7, 2012

Page 9: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Abby’s Social Media Timeline

Monday, May 7, 2012

Page 10: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Abby’s Social Media Timeline

The first commercial dial-up Internet provider was launched the year she was born.

She was a year old when the first web site was created

Four when the first popular web browser, Netscape Navigator was released, and

Eight years old when Google launched.

11 years old when Wikipedia was born.

14 when Facebook launched.

16 when the first Tweet was delivered in 2006.

17 when The iPhone was the biggest innovation of 2007.

Monday, May 7, 2012

Page 11: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Still, employers have to be careful

Maryland Dept. of Corrections:

"Do you have any web page accounts such as Facebook, MySpace, etc.?  If so, list your username and password." 

Monday, May 7, 2012

Page 12: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Complaining about your employer

Stein Case

Given “other than honorable discharge” for negative comments re: Obama

Role of NLRB

Usually rules in favor of employee and is stretching into non-Union arenas.

From Section 7 of the NLRB Act in 1935. OK to use social media to criticize employers.

Monday, May 7, 2012

Page 13: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Getting the Word Out

Facebook comments from citizens

Protected by First and 14th Amendment

Bottom line-be ready to deal with criticism if you open up the avenue.

Monday, May 7, 2012

Page 14: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Teacher’s PLN

Be Careful!

Christina Rubino lost job for saying on FB:

“After today, I am thinking the beach sounds like a wonderful idea for my 5th graders! I HATE THEIR GUTS! They are the devils (sic) spawn!”

The Court remanded the case back to NYDOE

Monday, May 7, 2012

Page 15: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Leader’s Action Plan

Districts must develop rigorous and appropriate PD.

Districts must develop sound social media policies.

Leaders need to monitor changing Federal policy and legal decisions.

In the midst of a positive approach to the promise of social media, leaders must be aware of pitfalls that can trounce the educational potential of technology.

Monday, May 7, 2012

Page 16: Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

Twitter

Anyone out there?

Monday, May 7, 2012