Friday, October 14, 2011

Attorneys for Ladue School District want Facebook Law lawsuit put on hold

In documents filed today in U. S. District Court for the Western District of Missouri, attorneys for the Ladue School District asked the judge to halt all proceedings in a teacher's challenge to the Missouri Facebook Law until Gov. Jay Nixon either signs or vetoes the bill revising that law.

The motion also noted that an injunction against the social networking portion of SB 54 is also in place following a decision by a Cole County Circuit Court judge.

The lawsuit was filed after school officials told teacher Christina Thomas she could not communicate with her own child through social networking sites.

According to the petition, "Ladue School District has notified its teachers that they cannot have exclusive communications with their own children on Facebook, if they meet the statutory definition of student or former student. Specifically, Plaintiff and other teachers at Ladue School District were notified in writing that because of the statute they will be prohibited from communicating exclusively through Facebook or other social-networking sites with their own children or members of their Sunday School classes, athletic teams, or scout troops “unless or until exceptions are enacted[,]” if the children are students or former students as defined by the statute."

The lawsuit says that SB 54 is "a prior restraint on speech in that it requires promulgation and enforcement of a policy that restricts the speech of Plaintiff and members of the Plaintiff Class before the speech occurs."

The petition asks the judge to certify the lawsuit as a class action suit in which all Missouri school teachers would be members of the class and asks for preliminary and permanent injunctions against enforcement of the law.

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