Social Media Law
- The First Amendment protects freedom of speech online, but it does not protect:
-threats of any kind
-Harassment
-Speech that causes serious harm
- State Laws help regulate:
-Cyberbullying
-Recording consent
-Harassment
-Privacy violations
- Platform rule violation leading to (specific and vary per social media company):
-Account suspension
-Content removal
-Permanent Bans
Online speech is generally protected under free speech laws and First Amendment rights. However, protection is limited especially for students; students may be disciplined for online speech if it—disrupts learning, targets students or staff, or creates a hostile environment (although action is up to the discretion of the school). As online posts are permanent and legally within scope, they may be used as evidence.
- Cyberbullying can occur through any form of social media, primarily comments, direct messages or group chats, and may include but are not limited to:
-Repeated insults
-Spreading rumors
-Threatening messages
-Public humiliation
- It is the school’s jurisdiction to discipline cyberbullying even if it occurs off-campus and out of school hours. Severe cases may lead to the involvement of law enforcement, juvenile court, and restraining orders.
- Under the law, privacy means control over personal information, and it protects names, photos, location data, and personal messages. However, once you decide to post any of this information publicly, you give up your privacy right to that specific information.
- Important laws include:
-COPPA which protects children under 13
-State privacy laws that regulate data collection
- Posting someone else’s private information without consent, also commonly referred to as “doxxing,” can be considered illegal.
Recording and Screenshot Consent
- Recording laws vary in different states requiring either:
-One-party consent (only one side of the recording needs to consent)
-Two-party consent (both sides of the recording need to consent)
- Florida is a Two-Party Consent state, therefore, any recording of a private conversation without the consent of both parties may be illegal.
- Screenshots:
-Taking them is usually legal
-However, sharing private conversation may violate privacy laws if including audio/recordings.
Online Purchases and Scams
- Common scams to look out for:
-Fake ads
-Impersonation sellers
-Requests for outside payments
- Warning signs:
-Prices are “too good to be true”
-Pressure to rush payment
-Lack of reviews
- Consumers should seek to:
-Use trusted sellers
-Keep proof of purchases
-Report scams
Common Misunderstandings
- “If I get scammed online, it’s my fault, right?” asked junior Alexander Caniero. No, online scams are illegal, and victims are still entitled to legal and consumer protections.
- “If I post something on a private account, schools can’t see it, correct? Questioned junior Jaiden Rosado. No, private content can still be shared or reported and may led to school involvement.
- “Does social media law only apply to adults?” Inquired junior Samir Khalil. No, minors are also subject to social media laws, school rules, and platform policies; although, some changes may arise.
Conclusion
Social media law teaches that freedom comes with responsibility and emphasizes that online actions have real world consequences. A deep understanding of these laws can help students protects themselves, respect one another and act ethically. Being actively informed allows students to use social media wisely and safely.
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