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re: Teacher who had phone stolen and nudes stolen may face criminal charges

Posted on 3/2/16 at 3:29 pm to
Posted by jmitc22
Brrrrr
Member since Jan 2007
1721 posts
Posted on 3/2/16 at 3:29 pm to
quote:

But I've never heard of anything that covers "privacy"


The supreme court has said that it depends on your reasonable expectations of privacy. Those expectations are lower in the workplace than your car or home, ie you have less privacy at work
Posted by Ross
Member since Oct 2007
47827 posts
Posted on 3/2/16 at 3:45 pm to
Holy hell this world has gone freaking off its collective rocker.

The student stole her private property. Everything that was on that phone was legal, we are being led to believe, and would never have seen the light of day if the juvenile in question didn't steal it.

The kid should be severely punished for his actions and this teacher should get maybe a reprimand for making her phone too easily accessible maybe? But criminal charges? Lord help us what a waste of time and money going after that case if it ended up going that way.
Posted by saint amant steve
Baton Rouge
Member since Aug 2008
5695 posts
Posted on 3/2/16 at 3:51 pm to
quote:

Someone enters your house, takes a nude photo of you and distributes it without your permission = illegal
Someone accesses your phone, takes a nude photo of you and distributes it without your permission = illegal

It's really as simple as that. Whether unlocked or not, it's still illegal. That goes for both the home and the phone.



I'm not saying that the non-permissive extraction of her personal property (the photos) wasn't illegal. She has every right to sue the living shite out of the school for wrongful termination and the students who obtained the phone and sent out the photos.

However, the fact that the photos were so "easily" accessible to minors in a public space, means that the charges issued forth by the school are not completely inappropriate.
Posted by RB10
Member since Nov 2010
51040 posts
Posted on 3/2/16 at 3:58 pm to
quote:

However, the fact that the photos were so "easily" accessible to minors in a public space, means that the charges issued forth by the school are not completely inappropriate.


I've already been over this.

LINK

What she did wasn't, in any way, illegal. I'm not getting into whether she should or should not be fired because that's just a clusterfrick.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 4:04 pm to
quote:



Well, one would assume that graphic images are as well since the government has made it a crime to show them to minors. One could argue the graphic images are more directly harmful because you have to consume booze in order for it to be harmful.


Well, no one "showed them" to a minor. They were essentially illegal obtained.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 4:18 pm to
Common sense and reasonable expectations are legal arguments. Private property in public spaces is still private property.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:18 pm to
quote:

You have been arguing the exact opposite for 2 threads now
If changing clothes in a bathroom is against school policy much like pornograhpic materials on campus is, you would definitely be correct.

quote:

By your own argument, the fact that she didn't lock her cell phone (the door) she is responsible for allowing easy access to nudes and therefore shoulders some of the blame
Because of the whole pornograhic material at school thing.

quote:

Swiping a phone and looking at the camera roll is the digital equivalent of barging into a locker room uninvited.
FWIW, this is spot on...for the kid's role, but certainly not the teacher.
This post was edited on 3/2/16 at 4:20 pm
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:19 pm to
quote:

BOOM! Sessi and brains
Boom?

You guys must have went to REALLY strict schools with some wild policies.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 4:23 pm to
quote:

If changing clothes in a bathroom is against school policy much like pornograhpic materials on campus is, you would definitely be correct.

NO!!! easy accessability with leaving the door unlocked. I even put that in my response.
quote:

Because of the whole pornograhic material at school thing.

A naked image is a naked image whether on a phone or in person. It's still easily accessible naked images
quote:

FWIW, this is spot on...for the kid's role, but certainly not the teacher.

It is spot on for the teacher if you are claiming easy accessability and using locks, which is what you have been saying. That part of her culpability is that she didn't lock her phone and he had easy access to the image. Same thing, unlocked door, naked boobies
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:24 pm to
quote:

Now who gets to spank the kid?
Oh
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69575 posts
Posted on 3/2/16 at 4:25 pm to
quote:

unlocked door, naked boobies


what time do you bathe
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:25 pm to
quote:

NO!!! easy accessability with leaving the door unlocked. I even put that in my response.

It is spot on for the teacher if you are claiming easy accessability and using locks, which is what you have been saying. That part of her culpability is that she didn't lock her phone and he had easy access to the image. Same thing, unlocked door, naked boobies
Ok, so in the changing clothes example, what policy did she violate?

No way you're going to argue she was violating a school policy there.
This post was edited on 3/2/16 at 4:26 pm
Posted by VerlanderBEAST
Member since Dec 2011
19234 posts
Posted on 3/2/16 at 4:31 pm to
quote:

Ok, so in the changing clothes example, what policy did she violate?

No way you're going to argue she was violating a school policy there.
The moment that she is topless in the locker room is as much pornographic material as her being topless on her phone
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
138161 posts
Posted on 3/2/16 at 4:31 pm to
Easy access to images of her naked body is the issue.
Posted by el Gaucho
He/They
Member since Dec 2010
58529 posts
Posted on 3/2/16 at 4:32 pm to
quote:

quote: Teachers shouldn't be taking nudes of themselves. It's pretty simple really They shouldn't be having sex either imo

All of my teachers growing up were well over 100 years old so I hope they weren't
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:33 pm to
quote:

The moment that she is topless in the locker room is as much pornographic material as her being topless on her phone
Ok, so in the changing clothes example, what policy did she violate?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112644 posts
Posted on 3/2/16 at 4:34 pm to
quote:

Easy access to images of her naked body is the issue.
Violating a policy to not have pornographic material(yes, easily accessible) at school is the issue, at least for me.
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 3/2/16 at 4:35 pm to
Simple scare tactics to diminish/divert the big time lawsuit that is coming for their arse.
Posted by NoHoTiger
So many to kill, so little time
Member since Nov 2006
46113 posts
Posted on 3/2/16 at 4:37 pm to
quote:

shel311

I think you're a bit confused. She never violated any policy. You have stated over and over that easy access increases culpability. That failure to lock her phone made the photos easy to access. You then stated that changing clothes with an unlocked door absolves her of culpability.

So which is it? Locks increase culpability or locks do not effect culpability? You can't have it both ways. Barging through an unlocked door is a parallel to swiping and accessing a phone. Regardless of what is on the other side of the unlocked entity you have not been invited to access that unlocked entity.
Posted by AwesomeSauce
Das Boot
Member since May 2015
11180 posts
Posted on 3/2/16 at 4:38 pm to
quote:

what time do you bathe
quote:

Topwater Trout
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