Friday, July 22, 2011

A new "social media" decision involving (what else?) Facebook

-------- Original Message --------
Subject: Social Media Decision
Date: Thu, 21 Jul 2011 08:02:07 -0400
From: Riley, Francis X.

Hi everyone.

Hope your summers are going well. I thought you might be interested in the below decision. I may give you some guidance on policy, regulating, and policing social media activities of your students. If we can be of any assistance in this areas, please do not hesitate to contact me.

Complete text (20 pages) of decision by Minnesota Court of Appeals, applying the standard set forth in Tinker v. Des Moines Independent Community School District (393 U.S. 503 [1969]) and holding that Facebook posting by mortuary science student referring to the cadaver she had been assigned and also to a “death list” materially and substantially disrupted the work and discipline of the university. The court therefore holds the university’s discipline of the student did not violate her First Amendment rights. The court affirmatively rejects the student’s assertion that the appropriate standard by which to judge her first amendment claims is that of whether her statements constituted “true threats”.



Francis X. Riley III


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Princeton, New Jersey 08540

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