Minnesota Girl Was Forced To Give Up Facebook Password, Detained By School: Suit

Children's Facebook privacy is at the center of a new lawsuit filed against Minnewaska, Minn. schools.

WDAY and CNN report that the American Civil Liberties Union is representing a 12-year-old girl who claims her school's officials detained her and forced her to give up her Facebook password.

An ACLU news release says the student, referred to only as "R.S." was taken into a school administrator's office where she was "coerced" by school officials and a local deputy to give up her Facebook password "because of allegations that she had online conversations about sex with another student off-campus." The ACLU alleges the girl was "intimidated, frightened, humiliated and sobbing" during the interrogation.

"R.S. was called a liar and told she would be given detentions if she did not give the adults access to her accounts," the release says. The student's mother wasn't told about the search until it had already happened, according to the release.

"Students do not shed their First Amendment rights at the school house gate," Charles Samuelson, Executive Director for the ACLU-Minnesota said in the release. "The Supreme Court ruled on that in the 1970s, yet schools like Minnewaska seem to have no regard for the standard."

Lt. Tory Jacobson of the Moorhead Police told WDAY, “If we are doing a criminal investigation, we have probable cause. If we needed to we could draft a search warrant to try and obtain that information.”

Officials told CNN the school district acted responsibly.

"The district is confident that once all facts come to light, the district's conduct will be found to be reasonable and appropriate," the district said.

The ACLU's cooperating attorney, Wally Hilke saw it differently.

"The trauma that these incidents have put R.S. through is completely uncalled for: She was intimidated, frightened, humiliated and sobbing while school administrators were scouring her private communications," Hilke said in the release. "These adults traumatized this minor without any regard for her rights."

Comments

[MoneyMan2000]

08:17 PM on 04/06/2012

This is bullying in its worst incarnation. There is no excuse for this conduct! If it happened off the school property the school should have notified the parents of both girls and that is the end of the school's involvement. They went too far and they will pay dearly for it.

[bart4u]

04:32 AM on 04/02/2012

What the school did was so wrong. This could damage the child ability to trust authority. I hope the school gets sued big time.

[Kevin Samples]

08:47 AM on 03/30/2012

"Lt. Tory Jacobson of the Moorhead Police told WDAY, “If we are doing a criminal investigation, we have probable cause. If we needed to we could draft a search warrant to try and obtain that information.”"

I'm unclear on something here. Is the officer being quoted criticizing the alleged actions in this case or defending them? Specifically, is he saying that the conduct in question was improper because a warrant could have been requested/obtained based upon probable cause that a crime had been committed, or is he suggesting that what occurred was acceptable because the authorities could have requested a warrant. If the former, I have no issue with the statement. However, if it's the latter ... wow, miss the point of the Constitution much lieutenant?

[Kimiko Austin-Rijs]

09:38 AM on 03/28/2012

I am an advocate for good teaching. I know some great teachers and administrators that would have never behaved in such an irresponsible manner. They would NEVER used a cop as a weapon to threaten against 12 year old to get access to her password. They would have gotten her parents down to the school themselves if it was necessary. This was not even remotely close to necessary as this did not happen at school. The cop had NO business being involved as there was NO crime, I do not care what sorry A** excuses they are using. This was intentional abuse of power. I hope that he parents sue and that all involved lose their jobs and pensions.

[narwhalsRawesome]

08:17 PM on 03/27/2012

Seriously. If it happened outside of school its not there problem. Schools now suddenly can rule social lifes on facebook. Stay out of face book, schools, and focus on teaching kids. Isnt that your job?

[dngrwill]

06:59 PM on 03/27/2012

"because of allegations that she had online conversations about sex with another student off-campus."

Is that illegal? Is that worth dragging a kid to the office, lying to them (I can get a warrant is the oldest and stupidest threat) and making them give up their FB password?

[Poshpot]

02:48 PM on 03/22/2012

No one should be forced to give up any password. As we all know it is for our privacy and safety that we have use passwords, What is the point if someone gets bullied into giving out the password because they can't tell someone to F.CK off. If they can do it to a child and get away with it they will do it elsewhere like some employers. Deny being on Facebook if asked at interview and don't get matey with people at work on Facebook if you get the job.Facebook becoming more trouble than it's worth ib my opinion.

[Beyti BARBAROS]

10:41 AM on 03/22/2012

Stand up to Corporate Greed https://www.facebook.com/pages/It-is-NONE-of-your-business/209367655831390

[pierre cache]

05:54 PM on 03/14/2012

Please remember the schools hands are tied to defend themselves because we are dealing with a minor. Psst 12 year olds do lie on occasions. I make this challenge to Huff post to publish the results of this case AFTER the all the facts have come in.

[Kimiko Austin-Rijs]

08:56 AM on 03/28/2012

The school SHOULD have contacted her parents end of! Their hands were not tied, they were wrong.

[jgw845]

10:33 AM on 03/28/2012

This will most likely never go to trial and so the results of the case will never be known publicly.

[Shawn1966]

05:22 PM on 03/14/2012

The parents should have taught their child that he/she has the right to refuse to give up his/her login information to the school or the police. The article states that Lt. Tory Jacobson of the Moorhead Police told WDAY, “If we are doing a criminal investigation, we have probable cause. If we needed to we could draft a search warrant to try and obtain that information.” then they should have gotten a warrant and this would not be an issue. The school district will settle that law suite out of court without admitting any wrong doing. Another example of the police using the public schools discipline procedure to get confessions/information out of children who do not know that they have an absolute right to remain silent!

[thedog ear]

01:57 PM on 03/14/2012

Children are supposed to be 13 to sign-up for Facebook. Where is the parental accountability? If her mother allowed her child to have a Facebook account she should be reprimanded.

[Kimiko Austin-Rijs]

08:58 AM on 03/28/2012

Just who is going to do that? The school has no power over the parent and it is not the schools business UNLESS she was using facebook when in school. In that case they should have contacted her parents.

[Edward F Dragan]

06:58 AM on 03/14/2012

I don't see that there was any reasonable cause to suspect that this student was violating the law or a policy of the school. Therefore, the school had no cause to search her private property. Even if a school wants to do this the smart thing is to contact the parent and have her present for a discussion of why the school feels it's so important to invade the student's privacy. If the school feels that a crime has been committed and that electronic communication was used in committing a crime then the police should have been called to conduct an investigation. The school won't win this one.

Edward F. Dragan, EdD, Education Expert Witness

[broui]

12:39 PM on 03/13/2012

I find it fascinating that so many posters are supporting this 12 year old in this case.

As a teacher, I'd like to shed some light on the subject:

1. Age 13 is the youngest age for a Facebook account.
2. When something gets discussed at school - a fight, drugs, booze, sex, whathaveyou - admin and teachers MUST investigate for the protection of all the students involved. It is the law. Failure to do so puts the child in further risk and also our jobs (btw).
3. Whenever there is a story of Facebook bullying (something we in the education field are struggling to deal with) administrators and teachers come under fire all the time for not doing enough.
4. The student's allegations of being "intimidated, frightened, humiliated and sobbing" happens during any routine disciplinary situation. Students react in a myriad of different ways to being held accountable for their actions. This student knew the contents of the Facebook account and was frightened of being caught. The reason we don't read much reaction from Admin is that their investigation is ongoing. They take a while.

[scullduggery]

03:25 PM on 03/13/2012

The policeman, in co-operation with school authorities, interrogated the kid without notifying the kid's parent or other concerned adult. Let's not let the facts get in the way of a good (or passable) argument. The above article makes NO mention of any BULLYING, just about a sex-related conversation. Neither your job nor anyone else's is in jeopardy if you do not investigate something private (like a private Facebook page) without a warrant. Even so, let's assume a worse situation. Do you think you could be fired for failing to search a kid's bedroom, WITHOUT A WARRANT, because someone alleged that the kid used drugs, was having sex or even had a gun. NO, you would first contact the parent, who actually owns the kid's bed, bedroom and Facebook account.

[Jason Worth]

11:44 PM on 03/13/2012

First and foremost, it is a federal crime under The Electronic Communications Privacy Act to log onto someone else’s FaceBook account as them. The child cannot be forced to give up her password even with a warrant. That would violate her Fifth Amendment rights. The proper way to find out if a crime had been committed would be for the police to get a warrant and take that warrant to FaceBook directly.

This is why we have laws. Just because she is 12 does not mean that she gives up her rights.

On a side note; if the parents had given permission for the school to access her account then this would be a non issue. Furthermore, no child should EVER be questioned by police without a parent or guardian present.

[broui]

08:59 AM on 03/14/2012

More public schools have an cop of some sort on campus than don't. In my district, we have a deputy assigned to three schools and he's busy. You're incorrect about the parents being present. It is not required under the law. It is preferrable, but not required. Further, most of the time, the parents aren't available.

Also, you're assuming (likely incorrectly) that the student was "forced" to give up her password. I highly doubt it. Students give them up upon request the vast majority of the time. Then they make up outlandish stories later. I've witnessed it first hand. You're incorrect about the need for a warrent as well. If they do so willingly, which this student must have done, then they can proceed. If they don't, most of the time, another student prints off whatever pertainant stuff necessary for evidence and provides it to admin or the cops.

Finally, a 12 year old minor has fewer rights and more rights by law. What this means is that by law, the school has "en loco parentus". This means that by law, the school has the legal responsibility of a parent and often must act as such which was my point from the beginning. Too often people without knowledge want it both ways.

[narwhalsRawesome]

08:22 PM on 03/27/2012

So now kids are incapable of defending ourselves. We do have brains, contrary to the belife we only grow them on our 18 th birthday. Why do parents need to be involved. Plus the facebook account is the property of the owner, not parent.

[cutitout321]

11:06 AM on 03/13/2012

The School overstepped and now they are going to pay the price, literally. Its irrelevent as to whether or not a 12 year old should have a Face book page. Its irreleven that they may or may not have had issues with her before. First of all, the school can and should only be able to dicipline students for things that happen at school, official school websites, and school organized functions.

Secondly, The school has no juridisction over facebook or any non school email system and the most they could or should do, should they hear of alarming post is contact the parent or the police if warranted and they can launch a formal investigation with due process. They did not call the parent because they wanted to get as much info before an adult with common sense and knowledge of the law was involved.

Whats next? detention for not taking out the garbage? Suspension for not making up the bed? Leave the off school property issues to parents and the police.

[narwhalsRawesome]

08:24 PM on 03/27/2012

Yes so true. Schools need to focus on what kids are doing in schools and do there jobs. Not get in our personal lifes.

[mlaiuppa]

12:56 AM on 03/13/2012

I thought 12 year olds were not allowed to have Facebook accounts.

So, did she LIE to get one?

[dngrwill]

06:50 PM on 03/27/2012

that is such a great point!

she deserves everything she got because she LIED.

You ever lie?

[Kimiko Austin-Rijs]

09:08 AM on 03/28/2012

So what? If her parents are ok with her having a facebook account that is THIER affair. The school was waaaay out of line bullying by cop to get private pass words from this child. They need to pay severely for this.