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Injunction Blocks "Don't Be Friends" Law For Missouri Teachers

Mr.Intel writes "A Missouri Circuit Court granted an injunction today, blocking the state law (PDF) that would ban all electronic communication between teachers and students, including their own children that was set to take effect on Sunday."

13 of 150 comments (clear)

  1. Every legislator that voted for it should resign by schwit1 · · Score: 3, Interesting

    They took an oath "I do solemnly swear, or affirm, that I will support the Constitution of the United States ...". Voting for a law that clearly violates the Constitution means they violated their oath of office.

  2. Re:Anyone have a link to the decision? by SrLnclt · · Score: 4, Informative

    I believe this is what you are looking for... (warning: PDF) http://www.msta.org/files/resources/publications/injunction.pdf

  3. Maybe they'll search for a better solution ... by MacTO · · Score: 4, Insightful

    The jurisdiction that I'm licensed in didn't make electronic communications with students illegal, but the teacher licensing body did create a set of guidelines. Even though I don't entirely agree with those guidelines, they don't: force the disclosure of a teacher's electronic communications; dictate what types of services a teacher can or cannot use; or create absurd situations, such as the children of a teacher scenario. The worse that can happen for violating those standards is the loss of your teaching license, so you can still have a life outside of teaching if something does go wrong. (Assuming that you didn't go anything criminal.)

    I would also like to see some education on the parental front. I would much rather a parent monitoring my communications with a child than my employer. After all, it is the parent who is ultimately responsible for the upbringing of the child and it is the parent who should be deciding the boundaries that other adults have with their children.

  4. Re:Every legislator that voted for it should resig by Jiro · · Score: 3, Informative

    It says they can't use sites *which allow* exclusive access to students, not that they can't use sites *for* exclusive access to students. So if the site allows private messages they can't even use the site for public messages.

  5. Re:Every legislator that voted for it should resig by chispito · · Score: 4, Insightful

    They took an oath "I do solemnly swear, or affirm, that I will support the Constitution of the United States ...". Voting for a law that clearly violates the Constitution means they violated their oath of office.

    And this is different than all the other countless times a law has been struck down... how?

    --
    The Daddy casts sleep on the Baby. The Baby resists!
  6. bogus slashdot summary by bcrowell · · Score: 3, Informative

    The slashdot summary is totally inaccurate. The law wouldn't "ban all electronic communication between teachers and students." This post explains what it would actually do. Basically they wanted to make sure parents have access to all electronic communication between teachers and students.

    1. Re:bogus slashdot summary by Baloroth · · Score: 3, Informative

      Umm, no. "No teacher shall establish, maintain, or use a non-work-related internet site which allows exclusive access with a current or former student." That's not out of context, either (although former only extends up to 18 year-olds.) Almost every internet site allows exclusive access, even if you somehow set it up so that content is supposed to be shared with parents (who, BTW, if a teacher are also forbidden from using such sites to contact their own children, and this according to the judge's ruling), it would still allow exclusive access. Hell, one could argue that simply using email allows such access (any email, period). Hyperbole? Not according to the judge. He says "the breadth of the prohibition is staggering", and would have "an immediate and irreparable harm."

      He also refers to it as a "complete ban on certain kinds of communication." So, unless you are one hell of a lawyer, you are wrong. Plain and simply wrong. Note that the lawmakers may have intended to do what you say, but that's not what the law does.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  7. Re:Every legislator that voted for it should resig by sjames · · Score: 3, Insightful

    The out for that is that you'd have to show that they were quite certain the law violated the constitution before signing it. They can always play the "I'm a moron" card, who wouldn't believe that?

  8. Re:Every legislator that voted for it should resig by SeaFox · · Score: 4, Insightful

    Saying you're that stupid you didn't recognize a law would be a violation of the Constitution should then be construed as the rep is incompetent for their job -- and should still resign.

  9. Re:stupid micromanagement by malsbert · · Score: 4, Interesting

    Thank you, I needed a good laugh.

    The wast majority, Of child abuse cases, Involves one or both of the childs parents. If you add the rest of the immediate family, Almost all cases of child abuse, Is accounted for.

    If you are afraid that a teacher will abuse you children, Then stop sending your children to Sunday "school".

    --
    "Men will never be free until the last king is strangled with the entrails of the last priest." - Denis Diderot.
  10. Re:Every legislator that voted for it should resig by Kreigaffe · · Score: 3, Insightful

    Actually, looking at that with a bit broader perspective..

    it sounds like teachers not only cannot use any social networking, but also cannot use non-school-provided email, cannot use slashdot, and cannot play any sort of online game that has any sort of chat or messaging function.

    Kinda ridiculous. Just a tad. Teachers have enough shit to put up with that forces them to keep up appearances of an absolutely puritanical robotic life. Oh gosh, Timmy's dad saw you buying a case of beer at the store, YOU'RE IN FOR IT NOW! He'll go and complain to the school board about what a poor example you're setting for the children!.. yeah.

    Depression! Fun for the whole fucking family!

    --
    ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
  11. Re:Every legislator that voted for it should resig by russotto · · Score: 3, Insightful

    They probably have Constitutional immunity. The proper recourse against the legislators is to recall those legislators or, if the law in that jurisdiction doesn't permit recall elections, vote them out at the next opportunity. The proper recourse against the law itself is to sue an appropriate party (often a part of the Executive Branch) to have it ruled unconstitutional, assuming you have standing.

    The problem with these so-called recourses is they don't provide sufficient deterrent to legislators. They can pass unconstitutional law after unconstitutional law; those which are unchallenged or survive the courts stand, those which do not end up being passed again with slightly different wording until they do survive the courts. As long as there's no actual punishment for legislators (and I don't mean something as blunt and as uncertain as an election), they'll keep doing it.

  12. Re:Every legislator that voted for it should resig by Hatta · · Score: 3, Informative

    Again, like others have said many times, this law only applied to children under 18 so it doesn't violate any amendments since you do not have the right to speak to other people's children.

    Where in the First Amendment is there an exception based on age?

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    Give me Classic Slashdot or give me death!