Fac eboo k

&
My Spa ce
Understanding the Issues
What is F acebook &
MyS pace?
 Social networking websites providing
interactive:
 Blogs
 User profiles
 Groups
 Photos
 Internal email capability
MyS pace
 Started as a home to various bands trying to
attract attention. Now many celebrities and
musicians have pages.

 Purchased by Rupert Murdoch for $580 million.

 Anyone over 14 may register for an account.

 You do not need an account to browse profiles.

MyS pace – Wh at i s the
big deal?
 MySpace has 95 million registered
users. 500,000 new members are
registering each day. 78% are over 18
years of age.
 MySpace is the world’s 4th most popular
English language website and the 8th
most popular in the world.
Facebook

 Founded by three Harvard students in

2004 as a replacement for the traditional
“facebook.”
 Initially, facebook required an .edu email
address. Recently, it expanded to other
organizations.
Facebook

 Users can create profiles and upload

pictures.
 Users can search for “friends” by favorite
music, residence, high school, etc.
 Users can create groups for others to
join.
 Requires an account to access.
Facebook – Wh at’s th e
big deal?
 Facebook is the 7th most visited site on
the internet.

 Approximately 85% of students at

supported colleges have accounts.

 60% of students log onto their account

daily.
Th e Ba d . . .
Th e Ba d . . .
Th e Ba d . . .
What can we d o?

 First Amendment Issues

 Three cases form the basis of review when
evaluating student speech.

 There is no direct law involving facebook &

myspace, but these cases have been used
to evaluate personal websites.
What can we d o?

 Tinker v. Des Moines Independent

Community School District
 Schools may regulate speech:

 When the speech “materially & substantially

interferes with the requirements of appropriate
discipline in the operation of the school.”
 “unqualified fear of disruption” does not meet the
material interference standard.
What can we d o?
 Tinker con’d:
 May regulate speech that interferes with
“the rights of other students to be secure
and left alone.”

 Bethel School District v. Fraser:

 Schools may prohibit offensive language
that undermines the “basic educational
mission” of the school at school events.
What can we d o?

 Hazelwood v. Kuhlmeir:
 Schools may regulate student sponsored
publications as long as the regulations relate
to “legitimate pedagogical concerns.”

 Problems with Tinker, Bethel, &

Hazelwood.
What can we d o?

 J.S. v. Bethlehem Area School District

 Court found that school district has not
violated student’s 1st Amendment rights
when they expelled him for creating a
website called “Teacher Sux.” The website
contained threats against the teacher, a
picture of the teacher with “her head cut off,
blood dripping from her neck, and her face
morphing into Hitler’s face.”
What can we d o?

 Evaluate content of site

 Use issues as a “teachable moment.”

What sh ould we do?
 Do we have a duty to review
Facebook/MySpace accounts?

 What if we want to review

Facebook/MySpace accounts?

 Do we need to inform students that we

may view their account?
Quest io ns/C omm ents

Angi Smith
Director, Office of Student Judicial Affairs
University of Tennessee
409 Student Services Building
Knoxville, TN 37996
865.974.3171
asmith@utk.edu
Dis cl ai mer :
Th is pres ent ation i s in fo rma tio na l o nly an d i s n ot m ea nt
to serve as l eg al ad vice . P le as e co nta ct y our Gen er al
Coun sel or Attor ney fo r l ega l a dv ice.