Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages

from the wow dept

Remember the story recently about how Bozeman, Montana was asking all applicants for city jobs to hand over their social networking passwords so city officials could log into their accounts? After some widespread complaints, the city smartly backed down, but apparently they’re not the only ones demanding passwords. CitMediaLaw points us to a lawsuit filed in Mississippi, concerning a high school student who turned over her Facebook password at the demand of a teacher at the school. The teacher proceeded to log into her account, read her private messages and then send them around to others at the school, causing a lot of problems for the girl.

Apparently, the teacher had originally demanded usernames and passwords to Facebook from a bunch of students to see if they were doing anything illegal (drugs, drinking, etc.), which is already pretty questionable from a privacy standpoint (and violates Facebooks’ terms of service). But to then use the contents of private communication to publicly humiliate the girl and punish her for her private messages seems to go way beyond what is both right and legal. Other students at the school had quickly deleted their Facebook profiles when the teacher demanded their passwords, but this girl chose not to, but certainly never expected what followed. It’s amazing that any teacher would think that they have a right to demand access to private social networking accounts and then to make use of the content of private messages in that manner.

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Comments on “Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages”

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104 Comments
pixelpusher220 (profile) says:

giving away her rights?

Since she’s a minor this likely doesn’t apply, but if you give someone your password, aren’t you pretty much liable for whatever they do with your access?

If this was an adult who gave up their password, I don’t know that the teacher did anything illegal, serious bad form yes, but not illegal.

Fortunately since she’s a minor, the girl can’t be held to that standard, yes?

mobiGeek (profile) says:

Re: giving away her rights?

She was told, by someone in a position of authority over her, to give over something to which they had no right. That is abuse of authority. I would SERIOUSLY fear for the safety of any child under someone who abuses such power.

I’d bet the teacher would not have this same view. They’d downplay the issue as “just an internet thingy”.

hegemon13 says:

Re: giving away her rights?

Not only is she a minor, but the password was obtained by an adult by abusing a position of authority. It has been determined many times that school officials/teachers have the right to discipline and make demands of students without standard due process. Within the school, the teacher is effectively a LEGAL authority who could have the student suspended for insubordination if she refused. A good principal would have seen through it, but who’s to say the student had a good principal? This teacher used intimidation and abused authority to exploit this student. I think this teacher is going down. Hard.

missmay (profile) says:

Re: giving away her rights?

yeah ok pixelpusher220, when you are getting intimidated by a teacher let’s see how quick you are to respond. Have some compassion for the timid ones, you know there are many of them still, have you forgotten how scary some teachers can be and how they embarrass you in front of their peers. Sometimes children do things without thought just because they are nervous and realize the big mistake they made when it’s too late to fix. She trusted the teachers, she is taught to trust them in pre-school years. Let’s see how you react when someone does a similar situation with your child. Well, that is why she is going to court to make this type of action illegal and to never be allowed to happen again. Don’t be so quick to defend this teacher. The number one people I admire and adore are teachers. They are my favorite people. I cherish and respect their job and caring ways to children that are not their own. But not this kind of teacher. She is a monster. A cruel witch hunt on her part.

Anonymous Coward says:

Re: Re: Re:3 I dont get it?

If you spread your passwords out to complete strangers on the internet and something happened, then I would blame you.

If you give your password to your best friends and something happened, I would blame them.

The only thing bad I could say about this girl is that she was naive with her trust. That’s about it.

spdr (profile) says:

Re: Re: Re: I dont get it?

Man, sure the girl may have being dumb/or plain silly, however maybe there is an intimidation factor going on that we dont know about. “if you dont give me the password, i will fail you. do you want to go to college? i promise i just want to check that everything is ok” we dont know the whole story however that was me i would not give my passwordz away cus ceiling catz toldz me.

Danny (user link) says:

Re: Re: Re: I dont get it?

1. So if he told her to bend over and take it, she should’ve done it out of respect? This goes far, far beyond respect

Actually that is exactly how many child abusers treat their victims. They abuse their authority by reminding them that because they are only a child no one will believe them and/or that since they (the abuser) the child is supposed to do what they say without question.

Anonymous Coward says:

Re: Re: I dont get it?

see now my parents taught me to think for myself and not just blindly obey someone or take anything they say at face value. So if I was forced to hand over a password to anyone at 14 I would have told them to screw off and/or pretended I didn’t have a facebook account. Failing that, I’d tell them a false password then call my parents who would raise a big stink before the teacher even has a chance to try logging in.

Diaggen says:

Article lacks specifics as to school policy but....

It would not surprise me if this was one of those ‘zero tolerance’, ‘you shall do as I say or else’ type requests. It is a sad state of affairs when so many citizens are being conditioned to immediately comply with any request from an ‘authority figure’.

There used to be a time when you could trust the courts and law to protect you or at least back you up after the fact in these types of situations. Unfortunately, over the past 10-15 years the combination of law changes and court decisions have unfortunately neutered our protections.

Maybe in this case the courts will side with the student in what seems to be a rather blatant violation and the school will learn.

mobiGeek (profile) says:

Re: Article lacks specifics as to school policy but....

There used to be a time when you could trust the courts and law to protect you or at least back you up after the fact in these types of situations.

I’m sorry, care to back up that statement? You might feel that was once the case, but there are many stories of past abuses of power that simply have faded from memory or simply didn’t have an opportunity to get out.

There was no “good old days”. Look at the stories surfacing today of abuse that took place 30, 40, 50+ years ago. These are the stories that are interesting enough (and provable/believable enough) to get press coverage. There are many, many stories that simply go untold.

At least today, with 24 hour news coverage and platforms allowing anyone to get their stories out there, we hear about the current problems.

The “good old days” are back when problems were quashed by authorities or when victims couldn’t get their stories out.

Dark Helmet (profile) says:

Re: Re: Article lacks specifics as to school policy but....

“At least today, with 24 hour news coverage and platforms allowing anyone to get their stories out there, we hear about the current problems.”

……are you being serious? You hear what they WANT you to hear, end of story. For instance, I didn’t hear ANYTHING from the cable news networks about my jackass Cook County Sherriff going after Craig’s List with literally ZERO legal basis. But that’s because the traditional media doesn’t like Craig’s List.

Nasch says:

Re: Re: Re: Article lacks specifics as to school policy but....

I didn’t hear ANYTHING from the cable news networks about my jackass Cook County Sherriff going after Craig’s List with literally ZERO legal basis.

And yet you obviously did hear about it somewhere. Which is kind of the point, I think.

John Jacob Jingle... says:

She hacked into Facebook! She violated their ToS and now is guilty of criminal computer hacking!

Oh wait… that was overturned… nevermind!

There is no reason – EVER – for a school official to have ANY passwords for ANY child’s personal websites, social sites, etc.

That opens the doors to WAY to much abuse.

After all…

THINK OF THE CHILDREN!

Robb Topolski (profile) says:

Re: Re: Not Weighing In

> As in the teacher has not had a chance to say why
> it was ok to abuse their position?

A loaded question, but, yes.

Look, this is a school that still practices corporal punishment (spanking)*. If due process for high-school students in Pearl, Mississippi, is merely summary judgment by a school staff member before getting hit by that staff member, then can’t we imagine that it’s okay that a 14-year-old girl’s notes aren’t really private? How many of you had to read aloud the private note you were caught passing in class?

To be a cheerleader, you have to cooperate with the sponsor**. Now, based on the reading and my vivid imagination, I think that Ms. Jackson (a freshman) was in some kind of online backstabbing campaign against the Cheer Captain (probably a senior). To put an end to it, coach Tommie Hill said she was going to ask everyone for their passwords. She found messages in Jackson’s inbox that did indeed show that the squad thought Ms. Cheer Captain was a beee-otch and perhaps that the teacher was no better. Teacher made an example out of Ms. Jackson in much the same way that most very fervent Football schools deal with this — quite directly.

Now, I MADE ALL OF THE ABOVE UP. But these are the facts … She’s 14. She has few to no rights. Especially in places like Pearl, Texas where Football is king and the coaches are Gods.

Robb

*http://www.pearl.k12.ms.us/schools/LinkClick.aspx?fileticket=%2BzVTWWLX9xc%3D&tabid=547&mid=1201 (page 24)

**page 31

Anonymous Coward says:

Re: Re: Re: Not Weighing In

“Now, I MADE ALL OF THE ABOVE UP. But these are the facts … She’s 14. She has few to no rights. Especially in places like Pearl, Mississipi where Football is king and the coaches are Gods.”

There, fixed that for you. If you’re going to be critical, at least get the state correct.

btr1701 (profile) says:

Re: Re: Re:3 Not Weighing In

> Students have no* rights under the Constitution. They lose
> their protections once they pass through the schoolhouse door.

That’s not what the Supreme Court of the United States has said. In fact, one of the most famous quotes on the subject by the Court was that “students do NOT shed their rights at the schoolhouse door.”

But even so, this student’s Facebook account was created, used and managed in her own home; schoolhouse doors had nothing to do with it, hence her rights were in full effect.

Anonymous Coward says:

Re: Not Weighing In

Well, to be honest, the only defense that would remotely pass is if they could prove this girl is outright lying.

Otherwise, there really is no way to justify disseminating someone’s private conversations without their permission, unless the content was criminal in nature.

Rah says:

This most certainly does smack of cheerleader infighting, as I’ve seen first hand (my niece is on her school squad). The utter crap that goes on – between students AND the purported adults/parents involved – is some of the most inane bitchery I’ve ever witnessed.

They take everything so seriously, in some ways importantly so – it is certainly more of a sport these days, not just pompom waving, some of the injuries incurred are on par with any other sport. They train almost daily (and weekends), travel to competitions, fundraise, they *work* at this sport. They also learn to honor the commitment they make or they’re gone.

But the extraneous bitchery that seems to ride shotgun…wow. I can see how a controlling coach would have no problem ordering those students to hand over their passwords ‘or else’, and I can see the students believing they had to ‘or else’.

Now I’d like to see this supposed teacher’s behavior slapped down in court and its banning written into school policies ‘or else’.

Pete says:

Two years ago?

The story reads as genuine as Styrofoam. It took two years for her parents to file suit? Where were they when the incident happened? Are the parents banking on a the promise of a big payday from a civil litigator?

On the other hand, why didn’t she delete her account? Or why did she give her the correct password?

Geez, what’s up with the youth of today. We were much more clever and deceitful before all this technology.

ChurchHatesTucker (profile) says:

Re: Two years ago?

“The story reads as genuine as Styrofoam. It took two years for her parents to file suit? Where were they when the incident happened?”

Excellent point! I’m sure the parents were informed about the incident when it happened. After all, a Teacher would have informed the parents, and the child in their care, that they were passing her private info around.

I mean, it’s not like we’ve ever heard of a Teacher engaging in nefarious activities.

Kennith Perry (profile) says:

Unbelivable!

Who does this teacher think she is? When I was in school, we didn’t have the internet (yes, I’m old) but if we did and this happened to me, I would have been suspended from school for what I would have told the teacher what she could do with herself. This is an invasion of privacy and the teacher should not only be sued but fired.

Robb Topolski (profile) says:

Re: Unbelivable!

> This is an invasion of privacy and the
> teacher should not only be sued but fired.

Maybe. I think it depends on the situation. These are 14-year-old kids we’re talking about, not adults. And while I hate her tactics, I’m not sure that they are so damning as to make her lose a successful teaching career.

I grew up in Cowboy, Arizona (population 12,000 — now a suburban megopolis of about a quarter million). But even then, you had no privacy. The lockers were regularly searched. Bathroom stalls had no doors. Students had zero privacy.

Life is different in a small town. Life is different for young students. A small community does give its teachers a LOT of latitude, including the right to be the moral police off-campus.

I want to hear both sides before coming down on one side or the other.

pjhenry1216 (profile) says:

Re: Re: Unbelivable!

Your private facebook profile is not school property. Your locker is school property. There is a world of difference between the two. Students have zero privacy *in* school. For all intents and purposes, Facebook is off school property and is considered the student’s private life outside of school. The school’s reach only goes so far.

btr1701 (profile) says:

Re: Re: Unbelivable!

> But even then, you had no privacy. The lockers
> were regularly searched. Bathroom stalls had
> no doors. Students had zero privacy.

That’s because the lockers and the bathrooms were on school property and used by the students during school hours.

Facebook accounts are private and used off school property and not during school hours (as the article notes, Facebook is blocked on school computers so any use *had* to be from home).

An equivalent and proper analogy would be if– during your years in Arizona– your teacher had shown up at your home and demanded to look through your diary, then taken it to school, photocopied it, and passed it around to everyone else.

I doubt that would have flown back then, even in Cowboy, Arizona.

btr1701 (profile) says:

Re: Re: Unbelivable!

> Life is different in a small town. A small
> community does give its teachers a LOT of
> latitude, including the right to be the moral
> police off-campus.

There’s no exception in the US Constitution for “small communities”. A town doesn’t get to exempt itself from the restrictions the Constitution places on government just because of its size and the government (in the guise of the school, in this case) has no authority to police the morals of students when they’re in their own homes.

Back in the day, small towns were isolated and they may have been able to get away with their excesses and outright illegal behavior because no one ever heard about it, but now with our wired world, even the smallest communities find their foibles virally transmitted around the world in a matter of hours, attracting the attention of big-time civil rights attorneys who just love to make their bones slapping down rural school officials who think they’re the gods of their particular domains.

Bottom line, when this case eventually goes to trial, it will be absolutely no excuse for the school district’s lawyer to stand up and say, “But judge, we’re a small town and life is different for us. We routinely allow our government officials to do things which would violate the Constitution in big cities.”

The school better have a better defense than that or the next thing they’ll hear is, “Judgment for plaintiff.”

Kate with a "C" says:

Re: Re: Unbelivable!

No matter the size of the town and the rights of the students inside of school, Facebook is not connected to the education, whether athletic or academic of this girl, I guarantee it. My high school implemented random drug tests (for students who volunteered in order to be allowed extracurricular activities), locker searches (which were school property and school right by law) and drug hounds would come into classes and sniff our belongings for illegal substances. However, this did not give the school the right (legally or morally) to follow us back home, search our house, bug our phone, and hack our emails and social networking sites. The teacher, especially given that she is a coach, used her authority over girls who were taught to obey her or else punishment would be in order to abuse the privacy rights of a young minor who didn’t even realize she had them. Sure, it was naive, but she’s only fourteen years old, and was probably intimidated and confused. As long as she did not break any laws, I don’t see why she should be held at all accountable, or why the coach should receive any less lawful punishment.

Anonymous Coward says:

All of this is irrelevant. What this teacher did is a violation of the fourth amendment of the constitution. By demanding the password, which was done on campus under the authority as coach for the school, this teacher at that moment placed themself in the role of law enforcement and conducted an illegal search and seizure of private property. Not only is this a civil matter, but also a criminal matter by stripping the privacy right of a citizen

SuperSparky (user link) says:

This is why so-called “Tenure” should never exist for anyone in any position. Fear of losing your job always brings out the best in people. Knowing you’re locked in encourages this sort of behavior coupled with arrogance.

Lesson #1, never let anyone that works for the government be in a union.

Lesson #2, take responsibility for your child’s education and always be suspicious of who is teaching them, if it isn’t you.

Lesson #3, teach your child what their rights are, and what respect really is. It is not blind obedience. When punishment lies outside of what is allowed for school, let your child know you support them if their disobedience is justified. Let them also know how “in trouble” they’d also be betraying that trust.

jilocasin (profile) says:

Perhaps it took that long to find a lawyer?

It’s hard to assign reasons from the linked story, but;

Why two years:
Perhaps it took two years to find an lawyer willing to take up the case?

Perhaps they didn’t know until recently that they _could_ sue?

Perhaps they thought it was behind them and it was recently brought up as a reason why she’s being denied/punished for something?

Why she didn’t delete her account like the other girls did:
Perhaps she didn’t have as fancy a cell phone, one that didn’t allow her to log on to the internet and delete her account.

We may never know. It still reeks of ‘abuse of power’, ‘poor judgment’, and petty vindictiveness. On the part of the teacher that is.

Lawrence says:

This is privacy rape

This is a 14 year old girl, TOLD by an authority figure who does have power over her to give up personal information — Threat is implied.

She had no “consent” in this, morally and probably not legally.

And what kind of sick adult would repost to the rest of the schoolchildren her private messages?? To what end??

jilocasin (profile) says:

Perhaps it took that long to find a lawyer?

It’s hard to assign reasons from the linked story, but;

Why two years:
Perhaps it took two years to find an lawyer willing to take up the case?

Perhaps they didn’t know until recently that they _could_ sue?

Perhaps they thought it was behind them and it was recently brought up as a reason why she’s being denied/punished for something?

Why she didn’t delete her account like the other girls did:
Perhaps she didn’t have as fancy a cell phone, one that didn’t allow her to log on to the internet and delete her account.

We may never know. It still reeks of ‘abuse of power’, ‘poor judgment’, and petty vindictiveness. On the part of the teacher that is.

Anonymous Coward says:

Asking for her private password to that account, is no different to asking for her private details for any bank account, or credit card or ATM card she may have.

Just because she’s underage doesn’t mean any of that is okay and that she must comply. Anybody who implies otherwise (that she has LITTLE RIGHTS because she is FOURTEEN YEARS OLD) should consider that. So, the teacher might want to know if she’s been buying drugs, so he takes her card and ATM number and removes all the money or prints the bank log and sends it to everyone.

It’s true that being underage doesn’t give you the same legal rights as an adult. But only her legal guardians (parents), not teachers, have any say whether an underage kid has rights or not and can make decisions on her behalf and “violate” her privacy.

Gracey says:

Teacher’s don’t have the right to be the moral-police off campus. A teacher may be no more moral than a student, or anyone else.

As a parent I certainly would protest anyone giving my child moral guidance. That’s up to me. The teacher’s job is to educate, which frankly, in today’s system a lot of them are failing. (No, not all, but a lot).

Asking someone for their facebook password is tantamount to asking them to hand over a personal diary. An invasion of privacy.

I don’t know the circumstances, but I also don’t have to know. The simple fact is the teacher should have used another avenue, because the way I see it, her actions weren’t moral at all.

Michial Thompson (user link) says:

I feel for the school district

I feel sorry for the School district this took place in. They are already hurting for money everywhere, and now they will have to pay substantially for the damages done by this idiot.

As for the student, her giving her password to the teacher was questionable, and legally not a requirement. But I am sure she was threatened by the teacher either directly or implied. Either way, her turning the password over to the teacher still holds the teacher to the confidentiality aspects of her job. Spreading any information to any person outside of the appropriate staff at the school would violate that confidentiality.

Minor’s don’t have many rights in this world, but they do have the right NOT to be assaulted, or injured physically, mentally or emotionally by those whom the parents trust to care for them. And yes teachers are as much care givers as they are teachers in their roles.

Ryan Diederich says:

I agree but...

Although I agree that the teacher was way out of bounds, this opens up a pandoras box of reasons that add to it being the students fault.

1. Facebook should never be considered private, thats like hiding a note under a rock, you can hope no one sees it but really, whos fault is it if someone does?

2. She shouldnt have given up the password, I mean really, the person with the password has the right to do what they want, and facebook says right when you sign up to never give it to anyone, doubt she read that though.

3. Parents…? Does the girl have any connection with her parents, like maybe asking them their thoughts before doing something like this, where were they. Oh yeah, available afterwards to sue.

I still think the teacher is out of bounds, thats wicked messed up. Im in high school, and if a teacher had ever done that, wow, it would raise a stink.

Its really not right, for no other reason than that the teacher punished the student by humiliating her outside of school, and thats wrong.

Danny (user link) says:

Re: I agree but...

1. Its not like she put her user info out in the public and someone used. A teacher abused her authority to get it.

2. I attribute this to her age. Bullying a 14 year old (a 8th grader or freshman right?) is one thing but I doubt this would have worked on a 17 year old senior who would be a bit older and wiser (and more willing to go against authority).

3. Again her youth. A fgure of authority is pressuring a kid to give up her user info and I wouldn’t be surprised of the teacher demanded her to give it up before the end of the day under threat of suspension. Its about like shady dealer trying to pressure adults into making a suspicious deal by saying you have to agree to it NOW or lose out except the adult is wise and bold enough to refuse the deal no matter how much pressure is on them.

Anonymous Coward says:

To me it’s telling that other students actually deleted their Facebook accounts in response to the teacher’s request. Why would they go so far as to do that unless they felt the only other alternative was to give in? This implies that the children did feel threatened in some way.

As for blaming the girl – ridiculous. So many of you think she should have “stood up for her rights” that I wonder if you have ever been 14. At that age I was shy and easily intimidated.

Or perhaps she didn’t want to lose everything she had on Facebook. She was told that this info was only requested as something like a “background check,” she knew there was nothing bad in her account so she had nothing to fear.

If the facts as stated are true, and the teacher made content from the child’s Facebook content public, it’s morally reprehensible. I *hope* (not being a lawyer) it’s also legally actionable.

As for this being “a teacher’s one mistake” she shouldn’t lose her career over – do you *really* think this teacher has never abused her power over students before, in other ways?

Cody Jackson (profile) says:

How about change your password?

Whenever I hear about stories such as this, or those surveys that show people will give up passwords for free items, I always have the same question: why not give out a fake password? No one will no whether it’s correct or not until they try to log in, then they won’t know whether you deliberately gave the wrong password or simply changed it.

And that’s an alternative: Give the right password and then change it ASAP. Or you can use some of those encrypted password holding programs that generate a random password for each of your sites. You can then legitimately say you don’t know what your password is.

msgreeneyes77 says:

facebook privacy

Invading someones facebook is the same as invading anything else personal. This is a student at school. Not a prisoner at a jail. The content of her fb isn’t the issue. The issue is why!!!!!!! would any authority figure other than a prison guard or police officer With a Warrant!think it was ok to invade a free person’s private property. What’s next, are they going to demand cell phone records too! How about the family mail before it’s delivered to their house, the parents and/or girls credit report, Medical records? Maybe next they’ll demand to search the house? I mean this IS after all a School Official!!! Don’t they pretty much all think they have the right to do anything that concerns a student? I work as a substitute teacher. I can tell you from being ‘in the action’ the kids very seldom get the benefit of the doubt!

g1252 says:

facebool privacy

It would be very interesting to fine out what happens to the teacher on this. The only people who have the right to a minors usrernames and passwords are their parents, and absolutely no one else, including (teachers, principles and any school officials or administraters. I would hope the courts would throw the book at any of the school officials involved. Don’t get me wrong, I don’t have anything against teacers or such. But I do have a large problem with anyone abusing their authority over an influsntial person, be it a minor or an adult. These kind of things need to stop. The parent also need to tell their childeren not to give up any personal info. of any kind.

Hill Billy (profile) says:

facebook privacy

Although Bozeman is about 100 miles southeast of Lincoln,
it’s still Montana … (Lincoln is where Ted Kaczynski
had his little bomb factory).
Mississippi is another story … but I think Alabama has
the record for flunkies (teachers) in any profession.
I grew up in a western suburb of Chicago, and I can’t
remember there being more than 10 percent of the grade
school and high school teaching staff that was worth
anything.
Fire any person who tries to intimidate a person (no matter
how young) by demanding their personal information. This
includes police. This is not (yet) a fascist society.

Why is anyone surprised that this occurs in backwoods
communities?

missmay (profile) says:

What a Shame

I am appalled at the teacher’s request. How dare she go into a student’s private life. I am considered a very strict parent. This is my job. The teachers job is only to educate my child and direct her in the right direction during school hours. I am a moslem parent so right off the bat I am pretty much a snoopy mom, but to have a teacher interfering in my child’s social life is out of the question. WHO the hell does she think she is? I will definitely tell my child to respect her teachers but to also hold her ground. If she feels uncomfortable with what is requested she is to come to me for advice. I have the final say. This teacher should be fired or sent to a boot camp to teach. It’s enough our kids have some of their privacy provoked by their own parents, that is my right, not some total stranger who has not paid my bills, put food in my families mouth, or dealt with my family life. Why doesn’t she give me her password and screen name, let me pry into her social network, (if she even has one) what in the world is she thinking. Teach my child don’t you dare degrade her in such a manner. Shame Shame Shame on her. If she really cared she would have approached this in a respectful manner With only her principal, other teachers, and parents. What was her actions going to prove. What was she a jealous teacher. If she suspected drugs she is to take it to law enforcement. I am now speechless, enough said

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