Judge Says School Can Suspend Student For Fake MySpace Page Of Principal

from the questionable-reading-of-the-legal-tea-leaves dept

Just about a month ago we wrote about a principal losing a lawsuit against some students for posting a fake MySpace page pretending to be the principal. However, in a different case, a court has ruled that a school has every right to suspend students for creating a fake MySpace page of a principal. The two cases are different in a few ways, as the first one involved the principal suing the student, rather than just suspending the student. That said, the ruling by the court in this case seems problematic, and I'd be surprised if it was upheld on appeal (assuming the student appeals). The Supreme Court's famous Tinker v. Des Moines case established the precedent that schools can't punish students for protected free speech -- especially if that speech takes place off of the school campus. The court said that other Supreme Court rulings applied over Tinker, but both of the cases it cites in support involve disruptive actions at school events. A MySpace page created at home doesn't seem to qualify. Either way, if the principal's intent was to get the pages hidden so people didn't talk about them, this resulting lawsuit seems to have created the opposite situation.

Filed Under: fake profile, first amendment, free speech, students, teachers

Is A Fake Facebook Profile Illegal?

from the down-in-the-legal-weeds dept

Remember the guy who was arrested and sent to jail for creating a fake Facebook profile of a Moroccan prince? While it's unlikely that anyone will land in jail, more such disputes have been ending up in the courtroom. It seems to be most popular in high schools, where teachers and administrators are suing students for setting up fake profiles of them. It's not difficult to see why these adults are upset -- as the profiles are usually quite unflattering. But, it's an open question as to whether or not the profiles are illegal. Even more to the point, Facebook has a clear policy that it will delete fake profiles when it becomes aware of them, so it seems like quite a bit of overkill for teachers to sue students rather than just having Facebook take down the profiles.

Filed Under: fake profile, first amendment, free speech, identity fraud, students, teachers
Companies: facebook, myspace

Man Gets 3 Years In Jail For Fake Facebook Profile

from the fraud-or-fun? dept

Earlier this month, we pointed to the case of a Moroccan computer engineer who was arrested, supposedly for "stealing" the Moroccan prince's profile on Facebook. As we noted in the post, the original details weren't clear on whether the guy had somehow gained control over the prince's actual Facebook page (which seemed unlikely) or if he'd just set up a fake profile. Further details revealed, indeed, that the guy had merely set up a fake profile of the prince for fun. Given how common fake profiles of celebrities are on Facebook, it seems rather ridiculous to consider that being akin to identity fraud. Apparently, however, the judicial system in Morocco feels differently. The guy in question has now been sentenced to three years in jail. This seems ridiculously excessive, especially since it doesn't sound like the fake profile was negative in anyway. The guy, Fouad Mourtada, claims to be a fan of the prince who just saw the opportunity to have a bit of fun in setting up a profile for him. It's difficult to see how any court with any sense of reason could consider that to be the equivalent of identity fraud.

Filed Under: fake profile, identity fraud, morocco
Companies: facebook