Is it fair for administrators to read a student's text messages?

[CyberInferno]

A 12-year-old who was expelled after administrators read his text messages has sued the school (http://arstechnica.com/tech-policy/news/2009/09/expelled-student-sues-over-unreasonable-cell-phone-search.ars).

Is it fair for administrators to read a student's text messages (please read article first)?

This poll is in conjunction with this week's Technology Round-Up (http://j.mp/APtech091209).

[FueledByRock]

In certain instances, I could see it being justified (like if there was alleged bullying or illegal activities going on) but for the most part no. This story is just ridiculous and sad. The kid doesn't deserve this, at all.

[TotalCollapse]

In most situations, no. I know of teachers that look through students phones when they catch them texting and that in my opinion in a total invasion of privacy. The only reason an administrator should look through a student's phone is if the student is caught using it and the administration has a legitimate suspicion that the student was using the phone at the time for something illegal. In the case above, the administration had no right to go through the phone. It may have been okay for the administration to view the text message that the student was sent at the time, but only that text because it showed no signs of anything illegal that would involve further investigation.

[DogSizedBird]

At first I thought the poll read: "Is it fail for administrators to read a student's text messages?"

Yes, it is fail.

[Poochemist]

Depends on the situation.

For some reason, I'm reminded of "old-school" days when teachers would read aloud the notes passed between students.

[duhpunk]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?

[DandonTRJ]

They should need reasonable suspicion. The ad-hoc argument thrown out about "cheating" to justify looking through a student's private data can't justify this instance. He was in football class. I'm sure they were very worried about him getting a text to cheat in football. "MAKE SURE TO CATCH IT. THAT'S HOW YOU GET POINTS." The kids have to memorize that on their own!

Man, I wish I had my Constitutional Law class this semester. This'd make a great discussion topic.

[undecidedshrub]

Dude, I wasn't even allowed to have a cell phone until I was 15.

[Joe DeAndrea]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?

Is it that big of a deal? 12 = middle school. Most kids usually have their own social life going on at this point so they won't always be able to call over mom and dad from the other room when they're out with friends/after school programs.

[fightinirish217]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?

Ah son of a gun I was gonna ask that very question lol!

[Krs-One]

Age isn't the issue. The Constitution has an answer for this... the 4th amendment. It's by far the most important in the Bill of Rights. The 4th Amendment is our protection of privacy. The phone is private and to check the text messages without a warrant is completely illegal.

The funny thing is I'm sure there are unconstitutional loopholes around it... making it legal to illegally invade your privacy.

Just like your car can be searched if there's probable cause for marijuana.... without a warrant. The Constitution, if anyone gives a fuck about it anymore, says you can't be searched without a warrant which is signed by a judge with probable cause.

So the cop can search your car, illegally, find marijuana, and illegally arrest you for carrying marijuana. That's spitting on the 4th, 9th, and 10th amendments. Thomas Jefferson said if something is ever passed that is so blatantly unconstitutional the States will rightfully see it as so and ignore it. The Progressives turned our Constitution into a joke. The corruption is in all branches legislative, executive, and judiciary and it's spread to some of the State governments. Both parties are corrupt.. Republican and Democrat. It's not hard to see that the power has shifted from the people to the Corporations and Washington.
"I have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party, generally."
-George Washington, No Party

Since Woodrow Wilson they've been expanding it and if you do some research our founding fathers had an idea of everything they'd try to do. You can't ignore it anymore

NOW if the mom or dad wants to check what's in the phone they can do it as much as they want when the kid gets home. Whatever the family decided. The only thing the teacher can do is ask her to put it away and if she doesn't, give her detention or whatever happens for breaking the rules. Call her parents, send her home. He is not allowed to take it from her possession. If she doesn't put it in her locker then she gets the consequences for breaking the rules, but she doesn't lose her 4th amendment rights. Under any circumstance.

"As long as our government is administered for the good of the people, and is regulated by their will; as long as it secures to us the rights of persons and of property, liberty of conscience, and of the press, it will be worth defending."
-Andrew Jackson, First Inaugural Address

[tttygxlove]

He probably knew he couldn't bring it to school or have it out during class and he did it anyway. In most schools they will tell you they reserve the right to look through cell phones, lockers, and cars.

[jordalsh]

That's ridiculous. No, they should not have the right to search the phone. But moreover, they shouldn't have the right to expel a poor kid for no real reason. They kind of ruined his life by doing that, because of a phone.

[NateGolubiewski]

He probably knew he couldn't bring it to school or have it out during class and he did it anyway. In most schools they will tell you they reserve the right to look through cell phones, lockers, and cars.

This is true, and with a fair warning, students should be cautious if they decide to break (most) school rules and use their phone during class. However, schools that do reserve the right to look through cell phones generally state it in the handbook. In this instance, I feel the principle had no right to look through the student's phone.

[stereokiller]

No, invoke right of privacy.

[jbaseball44]

Obviously Not

[decaying1713]

In certain instances, I could see it being justified (like if there was alleged bullying or illegal activities going on) but for the most part no. This story is just ridiculous and sad. The kid doesn't deserve this, at all.

I agree with this. There may be a few instances where it would be okay, like if he committed a severe crime. But for this, it's not necessary. Those are private messages. No one has the right to read those. And he's 12! I mean, come on! That's ridiculous.

[decaying1713]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?

Good question.

[Neo Cassady]

The key word in the article is "unreasonable". Just because a cell phone is confiscated from a student for violating a school rule doesn't mean they can automatically go through it, but if there's reasonable suspicion, then they most certainly should be able to. It's just like rifling through a student's backpack, which is perfectly allowable if something seems sketchy. Also, the need for a safe and secure school outweighs the need for protecting students' privacy, most schools openly proclaim that, and students/parents are informed of the school's policy on random locker/backpack/personal item searches, etc. People have too high an expectation of privacy, especially considering the things that go on in schools.

[PenThrive]

There are very few instances where this can be justified, but in the case of this boy, no. No authorities had fair reasoning as to why they went through his phone in the first place. Unless the authorities can back up their reasoning, and also have the permission of the parent, I don't think it should be allowed. No one screens all the personal calls the principal and school staff get per day. If the kid received a call/message from his dad who was out of town, just tell the student that he has to wait. If you must confiscate his phone, give it to his mother when she comes to pick him up. And I have to agree with a couple above statements: There is no reason why a 12-year old should have a phone. I definitely would not give my child a cellphone to take to school.

[Neo Cassady]

I definitely would not give my child a cellphone to take to school.

Say your child gets picked up and thrown into the trunk of the car while walking home from school. Having a cell phone could save his/her life.

[PenThrive]

Say your child gets picked up and thrown into the trunk of the car while walking home from school. Having a cell phone could save his/her life.

I knew a comment such as this would come up. There will always be in "What if" scenerio. I did not mean it in the case of an emergency. I meant parents allowing children to have phones for the simple fact of fitting in. Of course it's okay when danger hits. Keep the cellphone in your bookbag, but I would not give my child some iphone (I have seen a lot plenty with them) just to be cool. A standard, pay-as-you-go phone seems good enough for emergencies.

[Neo Cassady]

I knew a comment such as this would come up. There will always be in "What if" scenerio. I did not mean it in the case of an emergency. I meant parents allowing children to have phones for the simple fact of fitting in. Of course it's okay when danger hits. Keep the cellphone in your bookbag, but I would not give my child some iphone (I have seen a lot plenty with them) just to be cool. A standard, pay-as-you-go phone seems good enough for emergencies.

Good call. I teach middle school, and I don't care if kids have phones at school as long as they don't have them out in class. It's a fact of modern life that kids have phones, and unfortunately a fact of modern life that they may need them for situations like the one in my hypothetical question.

[Theseventhson]

In this situation, absolutely not.

[Clark]

If this kid really was involved in a gang, wouldn't expelling him from school and giving up on him be the worst thing to do?

[Yontsey]

Shouldn't have a phone in school. Didn't read the article but it's school, not the local burger joint. Either leave your phone at home or in your locker.

[SuNDaYSTaR]

Depends on the situation.

For some reason, I'm reminded of "old-school" days when teachers would read aloud the notes passed between students.These are the days I know of.

[Helpless]

Unreasonable invasion of privacy.
No.

[ZzyzxScarecrow]

no, but the student has no right to text during class, either.

[ted is lying]

Since when is dancing mean your in a gang.

[S9Dallasoz]

Since when is dancing mean your in a gang.

West Side Story.

[ted is lying]

West Side Story.
Touche

[Meeze]

yes, but only when the text message was sent/received during school hours.

[MyNameIsRoss]

Nah, man. That's fucked up.

[MyNameIsRoss]

West Side Story.
hYDqCSTospY

[HometownHero]

Wtf? Should not have a phone at that age. And if you do it should not be searched

[Broden Terry]

The majority of the time I'd be emphatic no, but it depends if the situation warrants it :shrug:

[The Stiletto]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?
I was asking myself the same question !!!

[fueledbyvictory]

A twelve year old doesn't need a phone.

[fearthesloths]

They should only be allowed to do so with a police warrant. That is a total invasion of privacy. If i were in school there's no way i would let a teacher read my messages.

[Debut_Fin]

Can there be a third option?

C: Why the fuck does a 12 year old have a cell phone?


just remember that when you were twelve, people in high school didn't even have cell phones. it's becoming more and more standard for everyone to have one. my 9 year old sister will probably be getting one for her 10th birthday

[raychull]

By technical law, the amendments don't necessarily apply to minors as they would adults, but I don't agree with the situation by any means, and think the kid should be at least pardoned with the incident/report taken off of his record.

[WaterViolence]

How can it be fair? Well, maybe if you're a communist..

[Nick Le]

just remember that when you were twelve, people in high school didn't even have cell phones. it's becoming more and more standard for everyone to have one. my 9 year old sister will probably be getting one for her 10th birthday

This. And with my mom working an hour from home and me gone at school, it's pretty much necessary for my little brother to have a phone so he can reach us at any time he needs to. Anyway, no it's not fair for administrators to go through and read a student's texts as they did here. It's really sad for the kid because he didn't really do anything that deserved being expelled for.

[Nick Hull]

How is this even up for debate?
It's against the Constitution...

[Brand-new-123]

I don't think the kid should have been expelled but 12 year olds don't have the same constitutional rights as adults.

[VIVALAMATT]

If there's a plausible reason for it, it's technically allowed. Either way, I don't want anyone touching my blackberry.