Social Media: Battling the Modern Day Medusa. North Carolina School Superintendents Association Superintendent’s Summer Leadership Retreat Grove Park Inn, Asheville NC June 23, 2014 Christopher Z. Campbell Campbell Shatley, PLLC c [email protected]
Social Media: Battling the Modern Day Medusa
North Carolina School Superintendents Association
Superintendent’s Summer Leadership Retreat
Grove Park Inn, Asheville NC
June 23, 2014
Christopher Z. Campbell
Campbell Shatley, PLLC
Social Media: We Can’t Help But Look at It!
Is the posting legally actionable?
According to the United States Supreme Court:
“[T]he ‘public official’ designation applies at the very least to those among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs.” Cline v. Brown,24 N.C.App. 209, 214, 210 S.E.2d 446, 449 (1974), cert. denied286 N.C. 412, 211 S.E.2d 793 (1975) (quotingRosenblatt v. Baer,383 U.S. 75, 86 S.Ct. 669, 15 L.Ed.2d 597 (1966)).
This means YOU!
P.S. Public figure includes individuals who have achieved total notoriety in a public context or voluntarily assert themselves into a central role in a particular public controversy (i.e. “limited public figure”).
Social media sites that allow postings without materially editing the content of those postings cannot be sued for defa-mation. Thus, social media sites have the protections of common law “distributors” of information as opposed to “publishers” of information. This means that social media sites do NOT have to remove defamatory content even after notification.
What is it?
What is it?
What is it?
South Carolina Employee Privacy
SECTION 30-4-40. Matters exempt from disclosure.
A public body may but is not required to exempt from disclosure the following information:…
(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy….
North Carolina Employee Privacy
Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the local board of education. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the local board education setting forth the specific acts or omissions that are the basis of the dismissal.
The office or station to which the employee is currently assigned.
(b) For the purposes of this section, the term "salary" includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
10. Do not engage in private social media activities while on the clock. If it would be inappropriate to take a phone call, it is inappropriate to text or email.
9. Do not discuss issues of a controversial nature in “public spaces” on-line (i.e. pages that can be accessed by lots of folks). Remember, it’s not a crime for others to show your FaceBook postings to the World . . . and your boss!
8. Do not bad mouth students in cyberspace!
7. Do not bad mouth parents in cyberspace!
6. Do not bad mouth co-workers or your bosses in cyberspace! There is no “free speech” protection when you are griping about your boss.
5. Do not post photos that you would be embarrassed to see on a billboard in your hometown. Your “friends” will show these photos to the World . . . and your boss.
4. Cyber and electronic communications between employees and students should never be of a personal nature. The school system hires school counselors if a student is in crisis.
3. Do not engage in cyber or electronic communications with students at all unless their parents and your boss know about it and approve of the practice.
2. If a student contacts you privately using cyber or electronic communications tell them not to in the future and make sure your boss knows it happened.
1.Don’t be a fool on FaceBook and don’t privately text students EVER!
2)I WILL RESPECT OTHER PEOPLE ONLINE.