A Minnesota school has agreed to fork over $70,000 for demanding a sixth-grader reveal her Facebook password.
Riley Stratton, now 15, painfully remembers when Minnewaska school officials cornered her over a Facebook post and threatened her with suspension, reports the Star Tribune. The confrontation ended with Stratton relinquishing her password, but thanks to the ACLU's intervention, its ultimate end was the school cutting a check.
What were the legal reasons behind the school's Facebook password settlement?
Right to Students' Facebook Passwords?
According to an ACLU press release, the American Civil Liberties Union branch in Minnesota filed a lawsuit on Stratton's behalf in 2012 claiming that a number of her civil rights had been violated by the school demanding access to her Facebook account.
The suit centered on the treatment of Stratton for conduct via Facebook performed outside of school, some of which was alleged to have been of "a sexual nature," reports the Star Tribune. Employers have been treading a legal line in asking for employees' Facebook passwords, but with the threat of cyberbullying, it seems all the more important in schools.
Minnewaska Superintendent Greg Schmidt told the Star Tribune that the school just wanted "to make kids aware that their actions outside school can be detrimental." Wallace Hilke, the ACLU attorney for Stratton's case, believes that "[k]ids' use of social media is the family's business" -- not the school's.
Stratton's school didn't admit any liability in the settlement, but there will be some changes in its Facebook policies.
Settlement Order Promises Change
Under the terms of the settlement, the Strattons agreed to drop their claims, as long as the school makes some changes regarding how it handles social media incidents.
Minnewaska schools have agreed to:
- Require students to give up their passwords or account info to school administrators only when there is "reasonable suspicion" they will uncover a violation of school rules;
- Amend the student handbook to note that students are free to withhold consent to search backpacks or other items, including their Facebook accounts, without the threat of additional discipline; and
- Train faculty and staff on the policy changes.
These changes may be a bit late for Stratton, but they may prevent other students from feeling unduly harassed by school officials about their Facebook passwords.
- ACLU wins settlement over student's Facebook post (The Associated Press)
- Can Schools Monitor Students on Social Media? (FindLaw's Law and Daily Life)
- Asking for Passwords? You May Be Asking for Trouble (FindLaw's Free Enterprise)
- Daughter's Facebook 'SUCK IT' Post Nixes Dad's $80K Settlement (FindLaw's Decided)