There is usually a considerable lag time between the law and new, popular technologies.  It takes most of us a while to figure out what each new item is all about.  Then, once one becomes a real money-maker, there are those who claim it was stolen from them.  Others still who manage to use it in a way that invites some risk of liability upon themselves.  Social media, such as Facebook, is a perfect example.

It is that last part that fascinates me and should hold much interest for students and educators.  There have been a couple of news-bytes over the past week that show some of the ways social media interacts with law.

  • The New York Times reported last week that a student in Florida who was suspended for criticizing a teacher on Facebook can proceed with a law suit against the school.  The student had created a Facebook group entitled “Ms. Phelps is the worst teacher I’ve ever had”.  The school said it amounted to “cyber-bullying”.
  • The Globe and Mail reported yesterday that the conversation of a 14 year-old Port Alberni girl on Facebook resulted in a possible averted school shooting in Washington state.  The girl was chatting with a 17 year-old student who mentioned that he had weapons and was planning to go on a murderous shooting spree at his school.  Her parents noticed the comments and called the authorities.  The boy was arrested.
  • Tanya Roth at the blog “Law and Daily Life” discussed yesterday the story of a sociology professor in the US who was put on administrative leave for comments on Facebook that jokingly suggest she wanted to kill her students.

Right or wrong, these events show the potential legal consequences of using Facebook.  Social media is designed to replace much of our traditional communications, particularly among friends and family, which used to be carried on in a more private setting and with a different context.  But the way we engage each other has shifted, and a whisper on Facebook may be heard like a megaphone. 

The law might stay out of our bedrooms, but it can enter any room with a modem.

  • Share/Bookmark