Friday, August 26, 2011

MSTA: Injunction offers time to discuss, debate the Facebook Bill

(From Missouri State Teachers Association)

Cole County Circuit Judge Jon Beetem granted MSTA's request for a preliminary injunction this morning.

Judge Beetem found that based upon the evidence, teachers in Missouri use social media as one of their primary forms of communication.

Judge Beetem stated that the law "clearly prohibits communication between family members and their teacher parents using these types of sites. The Court finds that the statute would have a chilling effect on speech."

The judge also ordered that under this ruling teachers cannot be disciplined or suffer adverse consequences for using non-work related social media.

"This gives everyone time to debate and discuss the issue to come to a proper resolution rather than rushing to piece together language that doesn't resolve the concerns of educators or allow time for teacher input," said MSTA Legal Counsel, Gail McCray.

Judge Beetem has issued the injunction to be effective for 180 days. It will expire on February 20, 2012 and will allow a trial before the statute is implemented.

2 comments:

Anonymous said...

Shouldn't there be a law or a legislative injunction against judges getting to veto a law? After all, if we are going to be ruled by judges legislating from the bench, shouldn't there be a higher court than just some lawyer ruling from the bench?

I don't recollect voting for that lawyer to give his opinion as to what the law should be. So if I don't like a law does that mean that I get to set it aside if I have a plausible excuse or is it a matter solely of power?

If it was up to me, I'd do away with the public schools and make both the lawyer's opinion and this law unnecessary.

And what is there to debate? Some lawyer did away with a law which was passed constitutionally by the legislature. If the judge doesn't like the law and gets to set it aside, then why shouldn't any of us get to do so as well with laws we don't like?

Anonymous said...

You really do not understand the separation of powers do you? Read the constitution. Just because you do not understand does not make it wrong.