News & Analysis as of

Privacy Education Constitutional Law

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Supreme Court of Pennsylvania Holds That Individuals Have A Constitutional Right To Privacy In Their Home Addresses And Other...

by Tucker Arensberg, P.C. on

Pennsylvania State Education Association v. Commonwealth, 2016 Pa. LEXIS 2337, 2016 WL 6087684, (Pa. Oct. 18, 2016) (“PSEA”). The Supreme Court of Pennsylvania recently held that individuals have a constitutional right to...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Questions Remain About Social Media Privacy Rights During Workplace Investigations

by Seyfarth Shaw LLP on

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

Searching Student Smart Phones in The Wake of Riley V. California

In the recent, landmark case of Riley v. California, the United States Supreme Court held that the police may not search digital data on the cell phone of an arrestee without a warrant, reasoning that smart phones not only...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

by Franczek Radelet P.C. on

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

by Franczek Radelet P.C. on

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

No Right of Privacy for Bikini-Clad Image on Facebook

by Balough Law Offices, LLC on

The use at a seminar on internet safety of a picture of a 17-year-old bikini-clad student taken from her Facebook page by a school district technology director did not violate the student’s right to privacy under federal law,...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Franczek Radelet P.C. on

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

by Miller Canfield on

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

by Franczek Radelet P.C. on

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

RFID Chip in Student ID Badge Does Not Infringe on Religious Freedom

by Balough Law Offices, LLC on

Requiring a high school student to carry an identification card with an RFID chip does not violate the student’s First Amendment religious and free speech rights. The Northside Independent School District in San Antonio...more

Employee Privacy On Work Computers To Be Decided By Supreme Court

by Dentons on

The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more

Federal Court Found That School Violated Student’s Privacy Rights When It Disclosed Student’s Sexual Orientation

by Franczek Radelet P.C. on

In the case of Wyatt v. Kilgore Independent School District, a Fifth Circuit federal district court in Texas recently ruled that a student had a valid claim for violation of her due process right to privacy after school...more

Third Circuit Rules: No Constitutional Right to Privacy for Opinions Shared with Others with the Expectation that the Opinions...

by Wendy Beetlestone on

Third Circuit Rules: No Constitutional Right to Privacy for Opinions Shared with Others with the Expectation that the Opinions Will be Kept Secret. Rejects new interpretation of the Fourteenth Amendment right to privacy. ...more

Litigation Advisory: A Legal “Back to School” Checklist: Mitigating Risk and Managing Your Child

by Mintz Levin on

The end of August marks the close of summer and the beginning of back to school season. Among the last things parents of college and high school age children are considering are potential legal issues. Beyond U-Hauls, bed...more

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