Teen Law News

Can school officials take your cell-phone and read your text messages?

10.17.07 | No Comments

A growing concern of students regards their privacy, if any, in text messages while at school. In May, 2007 a security officer at Monarch High School in Colorado saw a 16-year-old sophomore smoking in the school parking lot. He was taken to the assistant principal’s office where he was told to turn over his cell-phone because it was “a distraction.” His text messages were read and some of them transcribed and placed in his disciplinary file. This happened to approximately a dozen other students.

The students and their parents challenged the school’s action. They claimed an invasion of privacy and that the seizure of the cell-phones was in violation of the Fourth Amendment since there was no suspicion of criminal activity. The case was resolved in April, 2008. The school district agreed to limit their searches of text messages and get permission from the student or a parent before checking any messages. If a school administrator believes the text messages present an imminent threat to public safety, they can check them without permission.

This is an issue that hasn’t been ruled on by the courts. Most schools have cell-phone policies regarding use on campus and during class, but this goes further than mere possession. Do you think you have any right to the content of your messages if you bring your cell-phone into the school? What about messages regarding criminal activity at school - drug deals, possession of weapons, gang activity on campus? Do school officials have an obligation to protect all students and staff from possible harm? Where is the balance between student rights and a safe environment at school?

For more on this controversy and what David Beckham, Kobe Bryant and Monarch High School have in common, see:  http://www.npr.org/templates/story/story.php?storyId=17312200/.


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