MSTA lawsuit targets Jane Cunningham's Facebook Law

Citing "a chilling effect on constitutional rights," The Missouri State Teachers Association filed a lawsuit in Cole County Circuit Court Friday asking that the social networking portion of Jane Cunningham's Amy Hestir Student Protection Act be declared unconstitutional.

Listed as defendants in the lawsuit are Gov. Jay Nixon, who signed the bill into law in July, and Attorney General Chris Koster.

The lawsuit notes that SB 54 "prohibits Plaintiffs from interacting with
students via Twitter, Facebook, and potentially prohibits other communication sites such as BlackBoard, Virtual Classroom, Angel, and other sites commonly used by teachers for online classes and distance learning.

"The Act is so vague and overbroad that the Plaintiffs cannot know with
confidence what conduct is permitted and what is prohibited and thereby 'chills' the exercise of First Amendment rights of speech, association, religion, collective bargaining and other constitutional rights by school teachers."

The petition notes the various legitimate, educational uses that teachers make of social networking with students:

"(Teachers) have used and are using non-work-related social networking sites as an important avenue for contact with students, both during emergencies and for everyday educational issues, such as when a student has difficulty with a classroom assignment or identifying bullying."

The lawsuit notes that SB 54 prohibits far more than what would be considered the obvious social networking communications that Sen. Cunningham has noted and it also points out how the law violates teachers' constitutional rights.

Teachers who are youth leaders in churches would no longer be able to talk with students, adding the aspect of violating First Amendment freedom of religion guarantees. The law also violates teachers' freedom of speech, according to the lawsuit.

The law also offers school districts the opportunity to restrict their employees' use of social networking.

Under the provisions of SB 54, teachers would not be able to communicate with their own family members who are students.

The law also singles out teachers, nearly all of whom would never dream of crossing the line with a child, while failing to deal with a group of people who have already clearly established their intent, the petition says.

"The Act denies Plaintiffs and teachers equal protection of the law by prohibiting school teachers from communicating with students via commonly used electronic means but not imposing those same limitations on sexual predators."

The petition asks that either what has become known as the Facebook portion of the bill be declared unconstitutional or that the court issues an injunction to keep that portion of the bill from taking effect Aug. 28.