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I don't know what was on this girl's Facebook account that was so important that a coach had to hack it and spread it around. But unless it said something like, "I'm going to put a bomb under the popular girls' table at lunch tomorrow," I don't care. Forget the legal ramifications; if you want your kids to be adults, treat them like adults. Respect their space, and let them define it. To do otherwise is, well... an abomination to adulthood.
Once the Plaintiff can prove that she was coerced then there is a burden that the act caused everything else. I find this to be an act that will hard to overcome if the School District provides competent counsel to the defendants which I do not doubt.
The plaintif in this case doesn't have to prove that she was coerced, she simply has to prove that either she was coerced into providing the information, or that she could expect that the confidential information in the private sections on her facebook would be kept private. Examine the circumstances, either they asked her to provide it, and counseled her such that the information would go no further, then breached her privacy, or they coerced her into providing her details in some other manner. Do you honestly expect, asked "Please give us your password, we make no promises about what we'll do with it" that your average teenager with potentially damaging information locked behind that password would simply hand it over?
The author of this blog is making some sweeping statements about free speech and freedom of association that are complete legal bullshit (because free speech sells especially well in the media circus) but regarding privacy, that part will be laughably easy to prove, and intentional infliction of emotional distress will also be relatively easy to prove depending on the nature of the information made public, all she has to do to prove that portion is to prove that the administration should have known that making that information public would cause her humiliation or disciplinary action.
The fact of the matter is, it will be very difficult for them to defend their need to have access to her account, my back pocket theory regarding what they were after is that another student approached the faculty about something on that account, be it teasing or cyberbullying, or potentially racy photos, or any number of "inappropriate" items, and they took it upon themselves to force the password out of her to police it themselves... And they should have their hands cut off for it.
Sorry you FAIL ... how can you state that the Plaintiff does not have to prove that she was coerced? Her allegations are not considered facts until they are proven ... remember the Golden Rule: You are Innocent until you are proven Guilty.
Apparently you did not actually read the court documents and have come up with your own legal opinion without considering the facts.
Let me remind folks that 90% of lawsuits are settled out of court so perhaps this may not even reach the court room and thus arguments will never be necessary.
Then you come along and force me to hand over my password and read that. See how it works? >.> It's stupid.
I would go so far as to say the the perpetrator who initiated this act has a borderline stalker mentality, just to get into her account. Swift action must be taken to detract from others attempting this sort of abuse. I'd also throw an extortion charge in for good measure.
Good Luck Ms. Jackson.
But stalking is a reach. Stalkers don't share the information.
"WHEREFORE the Plaintiff prays that the court will... B. Award compensatory damages against each Defendant in excess of $100,000,000."
...mean that they expect $100 million from this lawsuit? I could be completely reading the language wrong, but I just find it fascinating that it's not a "not to exceed $100,000,000" but is actually wanting MORE than one hundred million dollars. Like I said, please let me know if I'm wrong or not understanding something. I'm just wondering if the people reading this post all feel that, as wrong as what these teachers did, it's worth "in excess of $100,000,000."
What should have happened is the teachers sit both girls down and TALK about what was discussed on facebook. Teens have a lot of very sensitive information (like who they have crushes on, or who they think is a b*tch) - I can see why this would be horrifying for her.
http://www.reddit.com/r/reddit.com/comments/95d...
RT
www.anon-web-tools.tk
Do parents have any guardianship over the online identities of minors?
The actions of the staff seem ignorant at best, particularly in a nation as litigious as the USA.
Last night, a principal at Green Hope High School in Cary, North Carolina verbally abused and threatened physical removal by police a group of parents attending a school football meeting.
http://www.babyboomerjourney.com/