Online Communities and Social Networking

1
Online Communities and Social Networking

• Privacy, Discipline, and the First Amendment

2
What are online communities?

• Online location where a user can create a
  profile and build a personal network that him or
  her to other users.
• MySpace - 85
• Facebook - 7
• Xanga - 1
• Others (Friendster, Yahoo, Piczo, Classmates.com,
  Tagged.com, etc.) - 7

3
MySpace

• Social networking website geared toward all
  internet users
• Loose age restrictions
• Supports creative user profiles
• On August 6, 2006, MySpace reported the one
  millionth page was created in the Netherlands

4
Facebook

• Created in 2004 by Mark Zuckerberg
• Originally intended for college students as a
  more closed system based on .edu e-mail address
• Now, Facebook is now available to all individuals
  with a valid e-mail address

5
Teen Usage of Social Networks
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Teen Usage of Social Networks

• Girls
• More likely to participate in social networking
  than boys
• Participation rates increase with age
• Utilize the social networking sites to reinforce
  pre-existing relationships

• Boys
• Less likely than girls to participate in social
  networking
• Like girls, participation rates increase with age
• Utilize sites to flirt and make new friends

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What are they doing on the sites?
8
Legal Issues from Social Networking

• Privacy
• Discipline
• Safety
• Cyber-Bullying

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Cyber-bullying

• 39 of teens report having experienced some form
  of cyber-bullying.

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Cyber-bullying (cont.)

• Primary purpose is to spread college gossip
• Terms of Use are similar to other social
  networking sites
• Not as strictly monitored as MySpace and Facebook

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Current Issue Online Accountability
Teen Bullying Online - NBC News
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First Amendment

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  Government for a redress of grievances.

13
Case Review

• Tinker v. Des Moines Independent Community School
  District (1969)
• Students do not shed their First Amendment rights
  while at public school

14
Case Review

• Bethel School District v. Fraser (1986)
• School officials can prohibit student speech that
  is vulgar, lewd, or plainly offensive on-campus
  or at a school sponsored event.

15
Case Review

• J.S. v. Bethlehem Area School
• District (2002)
• Online threats are not covered under First
  Amendment
• If brought on-campus, actions can be punishable
  by school administration

16
Case Study
17
Case Review

• Layshock v. Hermitage School
• District (2007)
• Fraser standard does not expand the authority of
  schools to punish lewd and profane off-campus
  speech.

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Legal Implications for Educators

• What to consider before taking action
• Is the online infraction a true threat?
• If yes, then the First Amendment privilege does
  not apply
• Did the incident happen on-campus or was it
  brought on-campus?
• If yes, then the school can take disciplinary
  action (Fraser test)

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Legal Implications for Educators

• Will the incident disrupt the actions of the
  school day?
• If yes, then school administrators can prohibit
  actions that will cause a material and
  substantial disruption (Tinker)
• Did the infraction invade the rights of others?
• If yes, then the individual may face charges of
  defamation or libel.

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What Schools Can Do

• Educate teachers on the variety of social
  networking sites students are using.
• Teach students how to use social networking sites
  responsibly.
• Encourage parents to become more involved in
  their childs online activities.
• Create and enforce school-wide internet usage
  policies.

21
Conclusion

• Schools can and will adjust to the new
  challenges created by students and the
  Internet, but not at the expense of the First
  Amendment.
• Judge Thomas McPhee, 2000

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References

• Alexander, K. Alexander, M.D. (2005). American
  Public School Law (6th edition). Belmont, CA
  Thomason West.
• Barnes, S. (2004). Issues of attribution and
  identification in online social research In M.D.
  Johns, S.S. Chen G.J. Hall (2004). Online
  Social Research Methods, Issues, Ethics
  (pp.203-222). New York Peter Lang.
• Berman, P.S. (2007). Law and Society Approaches
  to Cyberspace. Burlington, VT Ashgate Publishing
  Company.
• Buckman, R. (2005). Too much information?
  College fear student position on popular Facebook
  site could pose security risks. The Wall Street
  Journal. December 8, 2005.
• Cate, F.H. (1998). The Internet and the First
  Amendment Schools and sexually explicit
  expression. Bloomington, IN Phi Delta Kappa
  Educational Foundation.

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References

• Creech, K.C. (2003). Electronic Media Law and
  Regulation (4th edition). New York Focal Press.
• Gillmor, D.M., Barron, J.A., Simon, T.F.
  (1998). Mass Communication Law (6th edition).
  Belmont, CA Wadsworth Publishing Company
• Howard, P.N. Jones, S. (2004). Society Online
  The Internet in Context. Thousand Oaks, CA Sage
  Publications, Inc.
• Hudson, D.L. (2005). Student Online Expression
  What do the Internet and MySpace mean for
  students First Amendment Rights?. Accessed on
  March 1, 2008 at www.firstamendmentcenter.org.
• Kelsey, C.M. (2007). Generation MySpace Helping
  Your Teen Survive Online Adolescents. New York
  Avalon Publishing Group

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References

• Lash, D. (2005). Site used to aid investigations.
  The Daily Collegian. November 10, 2005.
• Lenhart, A. (2007). Social Networking Website and
  Teens An Overview. Accessed from
  http//www.pewinternet.org/PPF/r/198/report_displa
  y.asp on March 1, 2008.
• Lindsay, C.L. (2005). The College Students Guide
  to the Law. Lanham, MA Taylor Trade Publishing
• Morgano, A. (2007). MySpace.com and Web Postings
  The First Amendment Rights of Public High School
  Students. State College, PA The Pennsylvania
  State University.

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References

• Russomanno, J. (2005). Defending the First
  Commentary on First Amendment issues and cases.
  Mahwah, NJ Lawrence Erlbaum Associates, Inc.
• Schwabach, A. (2006). Internet and the Law
  Technology, Society, and Compromises. Santa
  Barbara, CA ABC-CLIO, Inc.
• Spinello, R.A. (2002). Regulating Cyberspace The
  Policies and Technologies of Control. Westport,
  CT Quorum Books