original article: School Punished Her For Catching a Class Bully on Cam…When You See the Bully You’ll Know Why
April 1, 2015 by FRANK CAMP
When an 11-year-old Florida girl used her phone to record her teacher bullying another student, the results weren’t quite what you might expect.
According to WPTV, the Tampa Bay NBC affiliate, this is what happened to Brianna Cooper, a student at Samuel Gaines Academy:
“Instead of receiving praise, Cooper says she was suspended for five days when the school said her video was illegal.”
Although the school claims that what Brianna did was against the law, the claim is legally dubious at best.
According to the Digital Media Law Project, even though Florida is one of 11 states that require “two-party consent,” meaning that both parties being recorded must be fully aware they are being recorded, there’s an exception to the rule:
“Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard.”
IJReview spoke with an attorney regarding the issue and was told that a classroom could very well fall under the umbrella of a “public place.” However, the exception is ambiguous enough that it could be interpreted in various ways.
Brianna’s mother was incensed, telling WPTV:
“She thought she was doing a good thing. She’s 11 years old. She doesn’t know the law.”
This story is similar to one in Illinois, where a high school student recorded a substitute teacher mocking him in class.
While Illinois was a two-party consent state, Digital Media Law Projectreports that the law was struck down in early 2014 by the state’s Supreme Court, meaning the Illinois student’s actions were totally legal.
abuse, bias, bullies, children, corruption, cover up, culture, education, ethics, hate speech, ideology, nanny state, political correctness, relativism, scandal