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By R. Stewart Mayers
Monograph No. 94 in the ELA Series
76 pages (October 2015)
Explores the slowly growing body of case law that governs K-12 student and employee usage of social media, as well as the options available to school officials charged with handling the thorny issues often associated with this technology. Topics include social media devices and programs, cyberbullying, legal issues, and more. The monograph also provides guidelines for formulating, introducing, and monitoring social media policies.
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Chapter 1: Social Media and Public Schools Introduction Free Speech: What is Protected? Student and Teacher/Employee Speech: Free Speech Jurisprudence Free Speech and Technology
Chapter 2: Understanding Social Media Devices and Social Media Smartphones, Tablets, and Social Media Usage
Chapter 3: Public School Employees and Social Media School Employees and Social Media: The Law Teacher Speech and Social Media Analyzing Free Speech Claims Involving Social Media Figure 1: Free Speech Analysis - Social Media Procedural Due Process Claims Substantive Due Process Claims Equal Protection Claims Freedom of Association Claims Social Media and Discovery: What Is Relevant? A New Frontier?
Chapter 4: Students, Social Media, and the Law Introduction Students and Social Media Facebook, Twitter, Vine, Instagram, SnapChat, Yik Yak, Secret, Whisper, Ask.fm Other Social Media Platforms Students, Social Media, and the Law Student Speech and Social Media Fake Social Media Accounts Fake Social Media Profiles and the Free Speech Claims Threats Cyberbullying Types of Cyberbullying Fourth Amendment Claims: To Search or Not to Search Student Devices Conclusions and Recommendations: Protecting Students and Students’ Rights in the Age of Technology
Chapter 5: Public School Districts and the Governance of Digital Speech Policies for Addressing Student Usage of Social Media Involving Stakeholders Addressing Access/School-owned Equipment and Networks Acceptable Use Providing Training Due Process Protecting Student Speech Rights Developing Policies for Employees National Labor Relations Act Social Media and the Hiring Process
Table of Cases