Section §163.069.4 RSMo implicates the rights of Plaintiffs protected by the First Amendment of the United States Constitution and the Missouri Constitution in that it prohibits all teachers from using any non-work-related social networking sites which allow exclusive access with current and former students. Even if a complete ban on certain forms of communication between certain individuals could be construed as content neutral and only a reasonable restriction on "time, place and manner," the breadth of the prohibition is staggering. The Court finds at based upon the evidence adduced at the preliminary injunction hearing, social networking is extensively used by educators. It is often the primary, if not sole manner, of communications between the Plaintiffs and their students. Examination of the statute indicates that it would prohibit all teachers from using any non-work-related social networking sites which allow exclusive access with current and former students. It clearly prohibits communication between family members and their teacher parents using these types of sites. The Court finds that the statute would have a chilling effect on speech.

Given the fundamental nature of the right implicated, a "chilling effect" constitutes an immediate and irreperable harm sufficient to support a preliminary injunction.

Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and the child's legal custodian, physical custodian, or legal guardian. Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student.

Narcissistic tendencies in many people fuels a need to have a large group of "friends" link to their pages and many of these people accept cyber-friends that they don't even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities.

the memo makes no mention of what level of suspicion, if any, an agent must find before conducting such surveillance, leaving every applicant as a potential target. Nor does the memo address whether or not DHS agents must reveal their government affiliation or even their real name during the friend request, leaving open the possibility that agents could actively deceive online users to infiltrate their social networks and monitor the activities of not only that user, but also the user's friends, family, and other associates.