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re: Mom faces felony charges after sending daughter to record bullying
Posted on 11/28/17 at 12:17 pm to beerJeep
Posted on 11/28/17 at 12:17 pm to beerJeep
quote:
But since she went in with it on the whole time, recording everything, that is illegal. Not too hard to grasp the concept...
Assuming it was on her person, it could be implied she was part of the conversation. The only way she gets in trouble here is if she plants it somewhere turned on and leaves it to record remotely, in which case she was not a part of the conversation recorded.
2
Posted on 11/28/17 at 12:22 pm to NYNolaguy1
quote:
Assuming it was on her person, it could be implied she was part of the conversation
Incorrect. She's picking up the conversations all around her. Allie next row over telling Sally that robbie is ugly. Timmy talking to the teacher at her desk. Etc.
Think of it this way. You're in a crowded room with about 30 other people. One of them has a recorder on and can pick up what you're saying. Just because she's sitting 10 feet away doesn't mean she's in your conversation.
Her having it on all day is what makes it an issue. If she had only had it on during encounters with the bully it would be a non issue.
Posted on 11/28/17 at 12:24 pm to NYNolaguy1
At the very least it makes the school look like it can't handle its shite.
Posted on 11/28/17 at 12:34 pm to beerJeep
quote:
However, Virginia distinguishes between in-person conversations and telephone conversations. Virginia Code § 19.2-61 defines “oral communications” to mean “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication.” Therefore, you may record in-person conversations in a setting where the speaker does not have a reasonable expectation of privacy and where one party consents to the recording.
The person recording would be the one party.
LINK
Posted on 11/28/17 at 12:41 pm to NYNolaguy1
No.... The person recording is the one party if they are a participant in the conversation hand.
Little Sally is not a participant in a private conversation 10 feet away. Little Sally is not a participant in a private conversation between the teacher and another student at another desk.
Now, if you want to say Sally is recording the lecture by the teacher, then having th recorder on during the lesson is perfectly fine as is any residual conversations being held around her.
But the second the teacher stops her lesson up front and it goes into "read page x-y or do workbook page x" then the student must stop recording as the lecture is over. At this point, the person recording is not an active participant in any conversation and thus cannot record the conversations around them.
You're trying to argue that a classroom is a public setting where no conversation is private. This is not the case. The classroom is a closed setting, akin to a work office. You can't sit in your work office and record the cube next to you without them giving you the okay.
Little Sally is not a participant in a private conversation 10 feet away. Little Sally is not a participant in a private conversation between the teacher and another student at another desk.
Now, if you want to say Sally is recording the lecture by the teacher, then having th recorder on during the lesson is perfectly fine as is any residual conversations being held around her.
But the second the teacher stops her lesson up front and it goes into "read page x-y or do workbook page x" then the student must stop recording as the lecture is over. At this point, the person recording is not an active participant in any conversation and thus cannot record the conversations around them.
You're trying to argue that a classroom is a public setting where no conversation is private. This is not the case. The classroom is a closed setting, akin to a work office. You can't sit in your work office and record the cube next to you without them giving you the okay.
Posted on 11/28/17 at 1:09 pm to beerJeep
quote:
You're trying to argue that a classroom is a public setting where no conversation is private.
Thats true. Thats because most courts have ruled that students have a low (but not no) expectation of privacy in a public school.
This post was edited on 11/28/17 at 1:10 pm
Posted on 11/28/17 at 1:12 pm to NYNolaguy1
quote:
You're trying to argue that a classroom is a public setting where no conversation is private.
quote:
Thats true. Thats because most courts have ruled that students have a low (but not no) expectation of privacy in a public school.
Your statement is contradictory.
Posted on 11/28/17 at 1:18 pm to beerJeep
quote:
Your statement is contradictory.
Not necessarily. Perhaps what I should have said is that in most cases in a public school, a student doesnt have an expectation of privacy.
Posted on 11/28/17 at 1:35 pm to HeyHeyHogsAllTheWay
quote:
I'm on our local school board. four years ago I led our school system to installing web cams in every classroom. All parents are given usernames and passwords that allow them to monitor their children's classes at any given time. There was some definite pushback, there was even threats of lawsuits from both teachers and parents, but we insisted and I don't think many people would disagree that it has improved our schools.
Screw that. I have no doubt that many kids are bullied, probably much more now via social media and texts. However, in the last five years our society has successfully taught most of our children that if another child so much as looks at you, they are bullying you.
Posted on 11/28/17 at 1:38 pm to NYNolaguy1
This is just one of those "depends on what the meaning of "is" is" situations. It will go nowhere in court as it is too muddy and situational.
Posted on 11/28/17 at 1:40 pm to beerJeep
quote:
This is just one of those "depends on what the meaning of "is" is" situations. It will go nowhere in court as it is too muddy and situational.
Posted on 11/28/17 at 2:53 pm to cave canem
quote:
And another dipshit who did not see the original title yet felt the need to comment, some of yall are pretty special.
quote:WOAHHHH dude take it easy man...
Cave canem
Posted on 11/28/17 at 2:55 pm to High C
quote:
Screw that. I have no doubt that many kids are bullied, probably much more now via social media and texts. However, in the last five years our society has successfully taught most of our children that if another child so much as looks at you, they are bullying you.
True enough, but I'm talking about real bullying , not this nonsense micro aggression crap.
Posted on 11/28/17 at 4:26 pm to NYNolaguy1
This is fricking retarded and a waste of time and money.
What "private coversations" did it pick up? Susie and Mary talking about boy bands and Billy and Tommy talking about farting.
frick that DA who brought these charges.
What "private coversations" did it pick up? Susie and Mary talking about boy bands and Billy and Tommy talking about farting.
frick that DA who brought these charges.
Posted on 11/28/17 at 5:10 pm to NYNolaguy1
quote:
faces up to five years in prison if convicted of the felony charge, CNN reported.
This is insane.
Posted on 11/28/17 at 5:38 pm to NYNolaguy1
I can feel for the mom, as I was bullied horribly for a health condition in middle school, but her daughter was recording conversations she wasn't a part of.
Posted on 11/28/17 at 5:50 pm to Jcorye1
If I was on the jury for that case, they would have a hell of a time convincing me to convict that mom.
Posted on 11/28/17 at 5:52 pm to NYNolaguy1
I would bet that the judge throws out the felony charge and sticks her with the misdemeanor.
Posted on 11/28/17 at 6:03 pm to NYNolaguy1
What kind of loser dipshit prosecutor would even file charges?!
If I’m sheriff, I wouldn’t have arrested her.
If I’m sheriff, I wouldn’t have arrested her.
Posted on 11/28/17 at 6:54 pm to biglego
Sounds like a shitty school that won't deal with the original problem. So now the mom, like the student who was bullied, Are both effected.
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