School Official Sues Over MySpace Page
SoCal writes, "How much legal liability do parents have for what their kids do online? A lawsuit filed in Texas by a high-school assistant principal may give some answers. Some students she had disciplined set up a fake MySpace page in her name depicting her as a lesbian (which she happens not to be). In its coverage, Ars Technica notes that 'What sets this case apart from many other lawsuits filed over the content of blogs is that it doesn't target only the teenagers who created the site. It also argues that the parents were guilty of negligence by failing to supervise their children, and that they bear some of the responsibility for the defaming site.'" The article links the Media Law Resource Center's resource tracking more than 50 cases now in the courts nationwide, in which bloggers have been sued for libel and related claims.
Not that there's anything wrong with that!
"We shall party like the Greeks of old! You know the ones I mean." - HedonismBot
But you cannot monitor EVERYTHING your child does. You have to work to keep the child clothed, fed, and sheltered and keep up with home maintenance and other every-day social tasks. It's impossible to keep an eye on a kid ALL of the time. I'm sure these kids are probably over the age of 12, which by then they should probably know right from wrong. I'd say give these kids 120 hours of community service and let them learn from their mistakes. Having their parents "sued into the poor house" seems a little extreme to me.
Never monkey with another monkey's monkey.
Myspace shouldn't receive any punishment because of things like this. Only the people who abuse the service should be sued/fined/restricted.
I recently learned that something very like this was happening at the school district where I work. Several teachers learned that someone had assumed their identities on MySpace and were posting defamatory remarks. My suggestion was to have the district's lawyer informally contact MySpace asking that the sites be taken down, and follow up with a C&D letter a week letter if they didn't comply.
No word concerning a lawsuit against the student(s) responsible.
120 characters for a sig? That's bloody useless.
People should get used to the fact that lots of info one gets from the web is fake. So what?
And who cares about MySpace anyhow? A high-school assistant principal doesn't seem to be in the right circle of social relations to be harmed by that page.
If I were in the jury, I would propose a verdict "guilty but harmless, throw away".
Raising kids is hard work (got 2 me'self), and it is **your** work, not the state's or school's work or myspace's work!
Engineering is the art of compromise.
These kids, for whatever reason, posted information that they knew to be wrong to hurt the teacher. This sounds like libel to me. Does it really matter why they put up the information?
I think if parents started being charged with involuntary manslaughter or negligent homicide when their kids go on school schooting rampages, you'd see more parents suddenly taking an interest in their children's lives and activities.
While I agree wholeheartedly that parents should be held accountable, should be responsible for the proper upbringing of their children, and should be involved with their kids' lives I don't believe that it would change the fact that there are some seriously fucked up kids out there that think killing/harming others is the answer.
I'm up in the air about making it the parents' fault.
On the other hand, I strongly disagree with the idea that "Allowing access to the Internet, unsupervised and without restraint poses an obvious and unreasonable danger that such children would utilize the Internet for illicit purposes"
Claiming negligent supervision over the kids' use of the internet.... that creates an incredibly high burden for any parent. Unless the kids have done this before, I can't imagine that the "obvious and unreasonable danger" charge is going to hold up.
[Fuck Beta]
o0t!
I've seen a number of news stories over the years where parents had a rude awakening when their out of control teens did something really bad and they ended up on the other side of a lawsuit.
The end result seems that common law holds, by precedent, that parents have a legal duty to teach their children right from wrong. Unless it can be proved, by reason of obvious mental defect, that the child is incapable of learning this, then why not hold the parent liable when the kid does something bad enough to warrant criminal or civil proceedings?
Kids will be kids, to be sure, and there's only so much you can do. But the bar of "only so much" is one it seems many parents fail to clear. Wrapped up in their own issues, they don't stop and say: "I'm responsible for this kid and I need to put a few of my needs on hold so I can make sure this kid turns out okay."
The negligence that caused these kids to end up doing what they did was not recent, but systematic. I hope the principal wins a significant judgement, it holds up on appeal, and that the kids spend the rest of their lives being reminded how their own selfishness (likely learned from their parents) ruined the lives of their families.
- G
Start a happiness pandemic
what? becoming a parent means you have to look over your children's shoulders 24/7 until they're 18 (and heaven help you if you have more than 1 child, they'll just have to share a bedroom so you can deny them both privacy at once) because you have absolute responsibility until they turn 18?
It seems to me that that is what you're proposing, and it's the stupidest idea I've heard in a long time.
You send a pretty poor message about personal responsibility to kids by punishing their parents until they turn 18.
FGD 135
The principal's blaming the students for supposed 'improper' behavior, and the students' retribution for it are really part of the same problem.
Yeah. The problem is, the kids got disciplined and instead of taking it like young adults they went and screwed around on the Internet, calling their teacher a lesbian (among other things). Sounds like some snotty brats that either haven't been properly parented or need some community service or something to redirect their energies.
It takes a tribe......
I think all sides bear a responsibility.
Holding the parents responsible in all cases is not good either. I have to admit, I was involved in shit my parents never got wind of between my 13th and 18th birthdays. And they were good parents.
And here we are, at a geek forum, with many posters regularly poo-pooing the idea that their mother ever could use any flavor of linux because it's too hard, yet they should be savvy enough to know every website their kid inhabits and every thing they post.
And that's figuring the kids aren't smart enough to swipe the cache.
I have a feeling that routers/modems with harddrives that log everything that goes through them and presents the data in a easy to adminster HTML format may be in demand soon...... and I have no doubt the 13 year olds will pwn those things in short order.
On the one hand the government is continually taking more and more control away from parents (for example, if a young girl wants an abortion she can get one without having to obtain parental permission; children are routinely taken away from "unfit" parents; parents are not allowed to prevent their children from being exposed to school material they find objectionable). Then on the other hand we want to blame parents for their kids' actions. There is no denying that there has been a steady erosion of parental rights in the past few decades. You can't have it both ways. If it takes a village to raise a child, then it is the village that is responsible when that child commits a crime, not the parents who's authority has been, in many cases, usurped.
The more you regulate a company, the worse its products become.
1. Sharing is bad: Intro to Copyright Law
2. Sticks and stones may break my bones, but libel makes me call my lawyer
3. Sit down and shut up: Intro to Democracy
4. Why did those mean men take mommy away? Homeland Security for kids
At no time is she in any danger by this myspace page, and any judge will recognize that. It's all completely harmless. At no time is she at risk for a financial loss by the page, and she won't be in the future. Nobody can prove any harm was done whatsoever.
What makes you think this? Did her husband leave her because of this page? Do you know? Did her boyfriend break up with her? Did her mother cry after reading it? Employers have been known to check myspace before hiring people. Did a school pass on offering her a job as principal there because they did not want to deal with the controversy surrounding hiring a lesbian? Again, do you know, or are you just assuming?
I would pull my kids out of the school immediately (whether they have anything to do with this or not), and/or go to the superintendant and complain.
Great way to teach them to take responsibility for their actions. They broke the law. If you, as a parent, failed to teach them ethics, such as the ethics about lying, maybe you should be held legally responsible for any damage that causes to society until they are old enough to make their own decisions. For that matter do you even know if the parents were approached before the lawsuit? Supposedly these kids had caused problems before. Maybe legal action was the only way she felt the kids would actually be taught a lesson given the lack of response from the parents. You don't know. I don't know. Maybe then, you should stop making assertions until you do know.
It's a free community allowing people to pretty much advertise theirself in a sense. They can upload a small biography, their pictures, and now their video. It's a community/network of people. It in my opinion is a service. If people misuse the 'service' by posing as people they are not then it is the person(s) who are at fault for illegal conduct, not the site. The content posted by the students is indeed degrading and deserve to be punished.
> It takes a tribe......
exactly. Parents are not exclusively responsible for their childs behavior, because parents do not raise their children in a vaccuum. A society that rewards bad behavior can't really blame parents and parents alone when their kids behave badly.
there is no need to sign your posts. this isn't usenet. your username is right there above your post. stop it.
The only ones being sued are the kids and their parents (as far as the article says). The expected "sue anyone within 10 feet of anyone who has anything to do with this" reaction is notably absent.
Information wants to be free.
Entertainment wants to be paid.
You just want to be cheap.
GreyPoopon
--
Why is it I can write insightful comments but can't come up with a clever signature?
At no time is she in any danger by this myspace page
... I guess I would count harassment I did not provoke as "danger." It is also a matter of libel, which is why she is taking the matter to court. The wide dispursal, beyound just a few students and the class... kinda like defending a trademark, if you don't do something about it your name loses its innocence.
Sure, some bloggers are committing libel, but that's not the same as calling somebody a lesbian.
According to the court filing, Ms. Draker has been harassed by others accessing the web page
More to it than that. It isn't that simple.
Seems like all school administrators these days are requiring the LAW to teach students.
This is because the parents have made it this way. You wouldn't believe how much the hands of administrators and teachers are tied when it comes to disciplining a student in a public school. I wouldn't last a day without a lawsuit.
Case in point. My wife is an elementary school teacher. She had to take "restraint training" and I asked her what that was. It's training to "restrain" an unruly and potentially violent student. But here's the thing, she's not allowed to touch the student! The student can physically assualt her and the other children in the classroom, but she can't grab him by the wrist. Remember the saying "Sticks and stones may break my bones, but words will never hurt me"? Well, the students are the only ones allowed to have sticks and stones. Administrators and teachers can't even use words.
The best that can be hoped for is that the parents will take care of the situation, that's it. You can't punish a student anymore. You can't expel them. Parent's will sue, district's will give in. Basically, the unruly kids with poor parents have won. They can do whatever they want without any recourse. Which is why I hope this lawsuit succeeds. It's about time that the parents and courts agreed that sometimes kids need to be disciplined.
-dave
/., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
Except that now you're trying to say the parent's aren't responsible for the children's actions.
The point here is that its the responsibility of both. Its just like when you're under 18 and you get a speeding ticket (we'll continue to use Texas as the example). Atleast in Harris County a parent, or legal gaurdion, is required to attend the hearing with you, its a matter of punishment to both the child and the parent. The child is embarassed and (hopefully) is required to pay the offense, and the parent is punished enough that they continue to drive the message home at home.
I haven't yet had a chance to read the article, or understand the details, but I'm guessing that the parents are indeed responsible of (at the least) neglect in the fact that they aren't policing the child's activities on the net. And if you are about to tell me that its an invasion of privacy, then you are far to liberal for me.
think before you write, it'll save me moderator points.
Having been on the receiving end of similar incidents involving students at my school (I teach Algebra in a Jr. High), I have found MySpace to be very quick to delete profiles that are fraudulent or defamatory when they are notified. They are even quicker when you say that the students involved are likely to be under that magic COPA age of 13. Being a US company, they take the federal online statutes quite seriously. Had the pages in question been truly harmful, I would have taken further action of finding out which students were involved, contacting their parents, and pursuing further avenues as needed. There have been other students in my district that have been suspended, transferred, or outright expelled for things they have posted on MySpace. Hazing, bullying, and libel can very much extend into the digital realm and have repercussions in the offline world. Young and old need to be aware of that and treat it the same as they would someone making harassing phone calls, passing out flyers in a neighborhood, or taking out an ad in a newspaper.
I'm glad MySpace is not getting sued in this one. I didn't RTFA, but I have to wonder if the Vice Principal tried to resolve this with the parents before escalating it to a civil case. It is quite possible that she did and got a response along the lines of, "kids will be kids," or worse yet, "it couldn't be my child, you have no proof, I'm not going to do anything, I'm not listening, la-la-la-la-la-la-la."
Ok, enough rambling. Time to sleep.
Mess not in the affairs of dragons, for you are crunchy and good with ketchup.
No kidding. Kids do stupid things all the time, some of which we should be concerned about, some of which are just "kids being kids".
These teens didn't exactly post shocking confessions about how they were abused by this person, and make claims of pedophilia. They claimed she was GAY. Maybe it's just me, but BIG FREAKING DEAL. I think the reactions here reflect more on the posters than on the teens - apparently being gay is such a horrible thing to most Slashdotters that accusations of it amount to libel. Sad, really.
Next, we'll see some 5 year old sued because they called their ex-best friend a "doodie head".
Lighten up, folks. It's a harmless teenage prank. Don't any of you remember being kids? Give the kids some community service. The parents are probably pretty damned embarassed. But a lawsuit against them? You'd think these kids had gone on a shooting rampage.
Yeesh.
Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
In earlier days, if students started passing around notes about this teacher, the teacher wouldn't receive obscene phone calls as a direct result. FTA: a few were individuals Ms. Draker did not recognize, that lived near Clark High School, and had made suggestive, lewd and obscene comments based on the content of the webpage.
Passing around notes about a teacher leads to a bunch of kids laughing and goofing around, pretty easy for a teacher to get over that. Posting a fake profile leads to local perverts contacting and maybe stalking the teacher, that's quite a different situation.
After 3 days without programming, life becomes meaningless
- The Tao of Programming
Parents are generally held responsible for their children's actions. Be it destruction of property, driving without a license and having an accident, someone getting hurt with a firearm, theft, and so on.
We don't need better firewalls. We don't need some intelligent filter at myspace to catch this stuff.
Hold the parents responsible for what their kids post. Even if I think my 13 year old should drink, and drive, and sell their body on the street, well, shucks, society and the law holds me responsible for their actions till they are 18. So I make sure that they are not drinking, or driving without a license, or prostituting themselves out. After a few parents pay some big fines, well heck, they will want to know what web pages their kids are working on.
This nonesense will all go a way in another generation. When the kids who don't remember what life is like before the internet existed grow up, they will watch their kids. They will not cop out and say they don't understand computers, or that their kids could do that. Life should be interesting once that generation of pirates and scallywags have kids of their own.
vi +
I applaud your well thought out, articulate reply.
Well, I would, if your reply didn't amount to "Is not!"...
It's been a long time.