Transcript Social Media Pitfalls and Opportunities

Social Media and You From a Legal
Perspective:
Pitfalls and Opportunities
GERALD PETRUCCELLI, ESQUIRE
JIM HADDOW, ESQUIRE
www.pmhlegal.com
What are social media?
• Facebook
• Twitter
• Instagram
• Snapchat
• Reddit
• Pheed
• Tumblr
• Messaging Apps (Kik, WhatsApp, YikYak)
Facebook
Facebook
Twitter
Twitter
Pitfalls
 Inappropriate contact with students
 Defamation
 Disciplinary issues
 Bullying / Hazing
“Who would have thought that a means of communication
limited to 140 characters would ever create misunderstanding?”
- Stephen Colbert
Inappropriate Online Contact – Potential Consequences
Civil Liability:
Invasion of privacy
Intentional or Negligent Infliction of Emotional Distress
Criminal Liability:
Endangering the Welfare of a Child (Class D Crime)
Sexual Exploitation of Minors (Class A or B Crime)
Possession of Sexually Explicit Material (Class C or D Crime)
Dissemination of Sexually Explicit Material (Class B or C Crime)
Solicitation of a Child to Commit a Prohibited Act (Class C or D Crime)
Stalking (Class C or D Crime)
Indecent Conduct (Class E Crime)
Professional Discipline
Defamatory Statements
(a) a false, negative statement about another person;
(b) made to a third-party without the permission of the person
being discussed;
(c) fault amounting to at least to negligence on the part of the
person making the statement; and
(d) harm to the person about whom the statement is made.
Golden Rule:
Never do, say or show anything via social media
that you wouldn’t do, say or show in the public
areas of your school when they are filled with
students and colleagues.
Monitoring and Discipline
Students have free-speech rights, both in school and offcampus.
Public schools can punish that free speech if it poses a
substantial threat of a disruption to the school.
Steubenville, OH 2012 – Sexual Assault
Westbrook, ME 2013 – Underage Drinking
Pembroke, NH 2014 – Poor Sportsmanship
“Shout out to Portsmouth, you may have
won in the regular season. ... But we won the
ship you suck #(expletive)yourself.”
Cyber Bullying – 20-A M.R.S. §6554
"Bullying" is any expression, physical act or gesture directed at a student that:
(1) Has, or a reasonable person would expect it to have, the effect of:
(a) Physically harming a student or damaging a student's property; or
(b) Placing a student in reasonable fear of physical harm or damage to the
student's property;
(2) Interferes with the rights of a student by:
(a) Creating an intimidating or hostile educational environment for the student; or
(b) Interfering with the student's academic performance or ability to participate in
or benefit from the services, activities or privileges provided by a school; or
(3) Is based on a student's actual or perceived characteristics identified in Title 5,
section 4602 or 4684-A, or is based on a student's association with a person with
one or more of these actual or perceived characteristics or any other distinguishing
characteristics and that has the effect described in subparagraph (1) or (2).
"Cyberbullying" means bullying through the use of technology
or any electronic communication, including, but not limited to,
a transfer of signs, signals, writing, images, sounds, data or
intelligence of any nature transmitted by the use of any
electronic device, including, but not limited to, a computer,
telephone, cellular telephone, text messaging device and
personal digital assistant.
Maine’s cyberbullying statute prohibits bullying that:
A. Takes place at school or on school grounds, at any schoolsponsored or school-related activity or event or while
students are being transported to or from school or schoolsponsored activities or events; or
B. Takes place elsewhere or through the use of technology,
but only if the bullying also infringes on the rights of the
student at school.
Coaches must “report incidents of bullying to
the school principal or other school personnel
designated by the superintendent.”
Opportunities:
 Ease of communication with students, families
 Team building, support
 Publicity for games, events
Communication With Students and Parents
(Twitter, Facebook, Text, Messaging Apps)
o Provide game and practice time reminders.
o Inform about cancellations/postponements.
Communication With Community
(Twitter, Facebook)
o Score updates.
o News feeds from local papers.
o Honors and awards about individual athletes or teams.
o Game photos.
o Fundraising.
Team Building
Team Facebook Group?
Team Twitter Feed?
Flash Mobs?
A Final Thought:
“You are what you share.”
- C. W. Leadbeater