Valparaiso University Law Review Volume 47 pp.119-167 Number 1 Fall 2012 Facebook off Limits? Protecting Teachers' Private Speech on Social Networking Sites Lumturije Akiti Recommended Citation Lumturije Akiti, Facebook off iL mits? Protecting Teachers' Private Speech on Social Networking Sites, 47 Val. U. L. Rev. 119 (2012). Available at: http://scholar.valpo.edu/vulr/vol47/iss1/4 This Notes is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at
[email protected]. Akiti: Facebook off Limits? Protecting Teachers' Private Speech on Soci Notes FACEBOOK OFF LIMITS? PROTECTING TEACHERS’ PRIVATE SPEECH ON SOCIAL NETWORKING SITES I. INTRODUCTION Imagine that every year Lisa, a middle school English teacher in her late twenties, takes a trip to the Bahamas with a group of her closest girlfriends from college.1 When she returns from the trip, she posts a photo of herself standing on the beach holding an alcoholic beverage on her Facebook profile. There is nothing revealing or inappropriate about the photo; however, a student’s parent gains access to Lisa’s Facebook profile and contacts Lisa’s principal, voicing her concern regarding Lisa’s recent posting. The next day, Lisa is called into the principal’s office where the principal asks her a series of questions regarding her Facebook use. Shortly thereafter, Lisa is dismissed from her teaching position at the middle school for “immoral misconduct.” Now, take another hypothetical.