August 22, 2011
Missouri law bans teachers from being Facebook friends with students
Posted by under 1, Discussions | Tags: Facebook, Missouri, students, teachers |[7] Comments
Have you heard about the new Missouri law that bans teachers from contacting students via Facebook or other social media sites?
According to a Fox News story from Aug. 2:
A controversial new law in Missouri designed to protect students from sexual misconduct bans direct contact between educators and students on social networking websites, but has prompted criticism from those who say it goes too far in its effort to clearly define digital boundaries.
Senate Bill 54, also known as the “Amy Hestir Student Protection Act,” was signed into law on July 14 by Gov. Jay Nixon.
Some teachers and students are fighting back, saying the law, while well-intentioned, goes too far in restricting what can be a legitimate means of communication. A Missouri teacher association filed a lawsuit challenging the constitutionality of the social media portion of the law. Click here to see the actual lawsuit.
What do you think?
- Is the law constitutional, or does it violate freedom of speech?
- Can the state prohibit teachers from using Facebook on their own time?
- The sponsor of the bill said she wants to protect students from sexual predators. Would this bill accomplish that?
UPDATE on Aug. 28: On Friday, a judge blocked part of this law due to free speech concerns, and the governor says he’s going to repeal other parts of it. Read all about it here.
7 thoughts on “Missouri law bans teachers from being Facebook friends with students”
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August 24th, 2011 at 1:37 pm
I have thoughts which support both sides to whether this law is constitutional or not. I think it is a part of most teachers’personal code of conduct to not contact students over Facebook. For example, my high school journalism teacher Mr. Schmidt would not friend his students on Facebook, because he felt that the relationship he had with his students in the classroom was enough. He would not even be friends with me on Facebook after high school.
Another point I would like to make is that I also think there is an important distinction between high school students talking with their teachers on Facebook and college students talking with their teachers on Facebook. I know many professors that use Facebook and other social media sites as tools in the classroom to keep their students informed and active in classroom material.
I do not think the state should prohibit teachers from using Facebook on their own time. What they want to post on their Facebook is their own personal decision. If a teacher, for example, is going to post something inappropriate on Facebook or friend a student inappropriately, then actions, if they are taken, should be taken at a small scale level with the school in which the teacher belongs to. Most reputable schools have codes of conducts which discourage any type of communication with students on the web anyway.
Finally, while the bill may help in preventing teachers from contacting or “creeping” on students on Facebook and other media websites, it does not remove the fact that if a teacher is going to be a sexual predator, they will find other ways to see a student. I think there is a deeper problem here, and perhaps the focus should be more on students and programs that can help them understand the way social media websites can put them in dangerous situations.
August 25th, 2011 at 3:18 pm
Thanks for being the first person to post a response! You make some good points. Personally, I think your high school journalism teacher was being too restrictive, although I can see why he might do that just to protect himself.
August 25th, 2011 at 2:53 pm
I was reading the article on the law and it seems to me the biggest problem is that the law is so vague. For instance the article said the law states that “Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student.” Does that mean the a teacher could not create a Facebook page for their class and then connect with students through that page? If this is a possibility then I see no reason why a teacher would need to add students to their own personal page. I think with the implementation of social media, educators are severly limiting themselves by not using it in education. It is the way of the world now. However, if the law allows use of the medium but with restrictions to protect students, I do not see any harm in this.
The law also states that the student’s guardians must have acess to the site as well. A class page on Facebook would also work for this instance because parents could add the class page as well.
August 25th, 2011 at 3:19 pm
Good point about Facebook Pages. Yes, I think the law would prohibit that too. Thanks for commenting!
September 2nd, 2011 at 10:32 am
I truly feel that if this law was to pass it would violate the first amendement because it limits teachers from expressing themselves and communication with other family and friends that may have Facebook.
I do not think that the state has a right to limit what people do during or after thier work hours. However, if an employer would like to enforce a code of ethics that limits teachers from “friending” their current students I think that would be ok.
I do not think this would prevent pedafiles because that would assume that teachers are predators.
September 2nd, 2011 at 11:24 am
I am in full support that this would violate the first amendment simply because it is limiting the teachers on what they can and can’t do as far as social media. I don’t think it is fair to tell them that they can’t have a Facebook because of the profession they have. Facebook is a great way to connect with people you haven’t seen or live far away and for the state to say you can’t do that is wrong. However, if the teacher is using it in inappropriate ways then I could see how the state would want to get involved in this subject matter. This truly is a tough decision and I can see both sides of the argument.
I don’t think the state can limit teachers on what they are doing not during school hours. For example, I could see them limiting teachers from using Facebook or social media during school hours on school computers. It would be distracting and take away from the students. However, at home and on their free time shouldn’t be an issue.
I understand that they want to protect students from sexual predators but I think the real issue is that the teachers shouldn’t be sexual predators in the first place. There is no way they should be hired as teachers if there is a threat that they would be a sexual predator. I could see where it would be creepy to have your teacher looking at all of your stuff on facebook but you don’t have to accept them.
September 5th, 2011 at 6:31 pm
The idea and intent of this law is understandable, but in passing it as a state-wide mandate the government is overstepping the boundary of its role in individual citizens’ lives.
It is of course commendable that a government would attempt to protect minors from the sexual exploitation of those in positions of authority over them, but as was mentioned in class, these teachers are always going to be in close contact with these students regardless, diminishing this law’s relevance.
It could be argued that connecting with sudents via social networking sites, on which the personal life of the sudent is so openly broadcast, could complicate and perplex the teachers’ relationships with them, laying the groundwork for later issues. Having an accessible database of photos of the student could also exacerbate already existing, inappropriate fixations.
In the end, however, individual school districts should be left to construct their own policies on the matter. The issue as it is debated is not of enough gravity to be worthy of the counsel of the state legislature.