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Social media, workplace spur over access to personal sites

Posted: February 21, 2013 - 5:27pm

A student from East Gull Lake was asked to leave Central Lakes College’s (CLC) nursing program. He filed a lawsuit. Why?

Craig Keefe had posted comments to his personal Facebook page that the CLC’s administration found offensive. He was asked to leave the program and CLC.

This is the brave new world of digital social networking and it’s uncharted territory for the school and society as a whole. Whether CLC had the right to bounce Keefe or not is not the question at hand. That will be settled in court.

What is at hand is whether Keefe, and other students at CLC, had to give access to their personal Facebook page as a part of his contract to enter CLC as a student in its nursing program.

Is it right for any person to give access to a college, an employer or any other governmental or private entity?

This is clearly and simplistically a First Amendment issue. Ratified as part of the U.S. Constitution on Dec. 15, 1791, it says, in part, “Congress shall make no law...or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble....”

Keefe is contending that Beth Adams, dean of students; Connie Frisch, director of nursing; Kelly McCalla, vice president of academic affairs; and Larry Lundblad, president of CLC violated his First Amendment rights to speak freely and that his right to due process — guaranteed by law — was denied him.

Minnesota’s House of Representatives is currently evaluating “should employees be forced to turn over social media passwords?” (It’s not known if Keefe had to supply is password to CLC.)

Rep. Mary Franson, R-Alexandria, is sponsoring legislation that would prohibit employees from having to provide their social media passwords to employers as a condition of employment.

Would this apply to students at state, regional or private colleges and universities? Perhaps.

A House web site noted: “In 2012, California, Illinois, Maryland and Michigan enacted legislation that prohibits an employer from requesting or requiring an employee to disclose a user name or password for a personal social media account.”

That established a precedent in those states.

Even if Franson’s proposed legislation gains support and becomes law in Minnesota, it would not impact Keefe’s situation.

Keith Hansen

Freedom of Speech

As an active privilege, it ranks with the privilege of committing murder; we may exercise it if we are willing to take the consequences.

Mark Twain

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ProudRINO
3045
Points
ProudRINO 02/22/13 - 10:45 am
3
4

Keith is a bit off here

Unless I am mistaking what I have heard of this conflict, including reading the BDD's coverage of it--it does NOT hinge on CLC asking for or requiring this student to turn over his facebook password!

Someone who we can assume was an allowed friend of Keefe saw his posting on facebook and brought it to the attention of CLC, who then took action. The BDD themselves reported that a CLC official mentioned seeing pages of info copied from his facebook account. So they had the info already--why would they demand a password to his account?

Keith is twisting the story here. The issue of being forced to allow access to accounts is an interesting one, and I hope Franson's bill gets a good hearing--but it has nothing to do with this case.

An analogy would be his own newspaper. If something Keith says is deemed legally slanderous, it doesn't matter if an non-subscriber saw that slander after being shown a copy of the paper by a subscriber.

In this case, if we are to believe CLC's version (that will be decided in court if this is allowed to go that far), the student was dismissed because of what he said on facebook. Not because he refused to allow CLC to access his facebook account!

Photos7
947
Points
Photos7 02/22/13 - 12:37 pm
3
0

amazed

I'm amazed at what gets put on facebook!! I'm certainly not against freedom of speech, but why vent on a social media site? once out there (Internet) its there forever and you have no control where it ends up. They, and I'm not sure who "They" are monitoring your emails and search habits to determine your interest, then you get advertising matching those searches. Recently I saw a job posting, although not interested in working there, did check it and soon after got a call on my Cell that if enterested in job should call a number. Needless to say I did not call. Also the cell is listed on the do not call list, but I suppose by checking the site I established a relationship with the company so it was OK for them to call.

itterditter
5224
Points
itterditter 02/22/13 - 05:36 pm
1
1

You can never

get in trouble for keeping your mouth shut and your thoughts to yourself

tom44
2
Points
tom44 02/24/13 - 09:35 am
0
1

hmmm

I am sure the grade book is being changed as we speak

snackfu
17818
Points
snackfu 02/26/13 - 10:31 pm
1
0

I would like

to see what this guy posted.

That being said, it sure must not have been too nice if this is the response. I don't think CLC would arbitrarily give someone the boot without good reason. I suppose it will all come out eventually.

tom44
2
Points
tom44 02/28/13 - 09:42 am
0
1

hmmm

In another article about this---- the college changed the reason for kicking Keefe out from personal issues ( facebook posts) to academic issue. after 3.5 years in the program i just don't buy it. It has to be personal

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