1st Amendment and Schools - Punishment for Off Campus Social Media

It’s “abuse”

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What thread is that? Link?

Of course. Which will be determined by the authorities, not the school.

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Got it, thanks.

That child was in his home. He was not on school property. There was nothing to report but she felt her personal beliefs took precedence.

Nobody is reporting abuse specifically they are reporting injuries seen on a child. The determination and investigation of how those injuries occurred is left to those authorized to do so.

Fine

I believe you were in the thread about the teacher and the zoom call. I believe you thought the teacher should mind her business.

Why shouldn’t teachers also mind their business for suspected abuse or child endangerment?

Certain types of injuries are more likely to indicate abuse and “educators” are supposed to be trained to recognize them and how to pull kids aside to ask them about their injuries to see if there are further indications of abuse.

@PurpnGold do you think it should be illegal to be racist or make racist comments?

One of those thing in this example is against the law. One is not.

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So that teacher should have waited until the student stepped on campus before reporting?

“Injuries” could be from anything. Why is it the teachers business in that case but not others

No.

In this case I’m focused on the reporting aspects.

Except for one main thing…they aren’t kids parents.

Harm. There was no harm in the zoom case. In your hypothetical, there is harm. Which means it is ex post facto, not prior restraint. When harm has been done, responsibilities change. We punish, investigate, etc., after harm has been done. Not because we feel it may be done in the future. Law is reactive, not proactive.

Common law principles. Right @TheDoctorIsIn?

I know… they just have a lot of the same responsibilities

Good.

If it should not be illegal, why should it be reported?

Not really.

No, they shouldn’t have been reporting it at all. If they had not been on Zoom would she have even known what was in the home? Did she have a right to know what was in the home?

Yes, they could be from anything. That is why there are ways to determine whether to make the call or not. A bruise, a scrape etc. is not an automatic phone call. It doesn’t work that way.

No they don’t.

You seem to be assuming the teacher makes the determination as to whether or not abuse has occurred?

Mandatory reporting include child endangerment. For example if the kids parents are running a drug ring in the house. No physical abuse but endangerment.

In the zoom case… the teacher THOUGHT the child was endangered. Student was off campus but “in-school”.

Why was she told to mind her business?