[Editor's Note: MySpace is a social networking site whose former popularity has been eclipsed by other services, such as Facebook and Twitter. While referencing MySpace may date the following post, the underlying concepts are nonetheless highly applicable to current issues. - 2011]
To read press accounts, one would think that Stacey Snyder was dismissed from her teacher preparation program at Millersville University solely because she posted a picture of herself on her myspace site with the caption “drunken pirate” posted underneath. However, like most press accounts, there’s more to the story…much more.
Perhaps Snyder began believing the hype at some point and conveniently disregarded some of the finer details of her student teaching experience because she ultimately sued her university. Among other things, Stacey argued that the university had violated her right to freedom of expression and that the court should compel the university to recommend Stacey to the State of Pennsylvania for a teaching certificate. In Snyder v. Millersville University (Dec. 2008), the United States District Court for the Eastern District of Pennsylvania gives us “the rest of the story,” as well as some points to ponder. After a two-day trial, the court concluded that throughout her student teaching term Stacey experienced great difficulty with respect to her “competence and over-familiarity with her students.” The court cited numerous examples that spelled trouble for Stacey long before her “drunken pirate” photo surfaced:
- problems with classroom management documented by her university supervisor
- problems with course content documented by her university supervisor
- issues regarding appropriate communication between Stacey and her students, supervisors and cooperating teachers documented by her university supervisor
- the need to establish proper teacher-student boundaries documented by her university supervisor
- ignorance of basic grammar, punctuation, spelling, and usage as noted by her supervising teacher
- inadequate classroom management as noted by her supervising teacher
- poor understanding of the subjects she attempted to teach as noted by her supervising teacher
- inappropriate manner with students as noted by her supervising teacher
If all this was not enough to put Stacey’s recommendation for a teaching certificate in jeopardy, Stacey made it somewhat “easy” for the university to dismiss her from the teacher preparation program when she disregarded advice relating to her social networking site. University officials testified at trial that all student teachers were cautioned during their student teaching orientation “not to refer to any students or teachers on their personal webpages.”
Student teachers were further cautioned that schools had the prerogative to remove a student teacher from their placement. In spite of the warnings, court records indicate that Stacey let her students know about her myspace page, was aware that students were visiting it, and posted commentary that reflected negatively on certain unnamed school officials. It was not long after Stacey had posted her negative commentary that school officials read it for themselves online (as well as observed her “drunken pirate” photo). And it was not long thereafter that Stacey’s university supervisor called her to inform her that she was no longer welcomed at the school that held her future teaching career in its hands. By the way, if you have not already concluded this for yourself, the court ruled in favor of the defendants on all counts.
Stacey lost her case…and her career. It’s a sad story, but one that has a lesson for everyone. First, we all need to be critical consumers of information lest we think a young woman lost her teaching career over a rather innocuous photo captioned “drunken pirate.” Second, the defendants in this case (various university employees) successfully defended themselves because of their detailed, ongoing documentation of issues they observed. Finally, student teachers are more “teacher” than they are “student” when it comes to student teaching.
This has both legal and practical ramifications. From a legal perspective, the private grievances of public employees (e.g., Stacey’s negative commentary posted on her myspace site) are not protected by the First Amendment. From a practical perspective, student teachers teach in their local school placement at the will and good graces of their cooperating school district. As a result, it behooves a student teacher to refrain from “biting the hand that feeds it!”
Additionally, student teachers need to demonstrate professionalism…something that can be easily undermined by inviting or allowing students to socially network with their teacher online. Professionalism in teaching demands that the teacher establish some clearly defined boundaries between the personal and the professional, and, at a minimum, demands that one removes their “drunken pirate” photos from their myspace page!
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I write in response with a question of my own though ... above you state that "the private grievances of public employees (e.g., Stacey’s negative commentary posted on her myspace site) are not protected by the First Amendment," yet I fail to see how Stacey's private grievances were not protected under the First Amendment? No law abridged her freedom of speech. In fact, Stacey was entirely free to her negative commentary and posting pictures of herself as a drunken pirate. Am I mistaken in thinking that Stacey's freedom of speech was protected, but not even the first amendment can protect private individuals from the consequences of poor decisions? Was this suit brought to the court as a legal challenge for her First Amendment rights? I ask because that doesn't seem to make much sense ... anyone can speak freely (to a point); but the First Amendment doesn't promise acceptance from those offended by one's speech. Rather, the protection of the First Amendment is that "Congress shall make no law ... abridging the freedom of speech."
Finally, from a higher education law perspective, this reinforces the time honored tradition of the need to over document everything, twice. It is clear from reading the brief that the faculty and administration at MU were not adequately prepared (in a policy sense) for the legal scrutiny of their reactions to Stacey's unprofessionalism.
I would be interested in a follow up to this case with the current Missouri (or any related case). Thanks again Rick.
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BTW, you may be interested to know that the Missouri legislature repealed their Facebook law. It's just awaiting the Governor's signature. They will now ask local districts to create a policy addressing the matter, which means we could be right back in court when the first local district tries to do what the state tried to do. Here's the story: Missouri lawmakers repeal teacher-Facebook law
http://tinyurl.com/6frztjl
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