ACLU of Ohio Tells School Officials to Stop Forcing Students to Turn Over Cell Phones (11/27/2007)
Reading Text Messages Violates
Students’ Rights, Group Says
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
MASON, OH – In a letter today to Dr. David Allen, principal
at William Mason High School, the American Civil Liberties Union of Ohio warned
school officials that their current practice of seizing student cell phones and
reading personal text messages was poor policy and unconstitutional. Recently,
the ACLU of Ohio received complaints from students and parents at the school
because several administrators began confiscating phones and reading private
text messages to determine if the students attended private parties off school
grounds during the weekend.
ACLU of Ohio Legal Director Jeffrey Gamso said, “School
officials cannot just confiscate a student’s private property because they think
a student attended a party after school hours. Attendance at a private party
that does not disrupt classes and does not occur on school grounds is none of
the school’s business. Private student social activities are issues for parents,
not the school.”
Gamso continued, “Forcing young people to hand over their
cell phones simply so officials may read the text messages would be no better
than requiring a student to bring in their personal diary so officials could
inspect it. It is a grave violation of the students’ privacy.”
Throughout the past several weeks, the ACLU of Ohio has
received numerous complaints from students and parents at William
Mason High
School. Some complained that staff threatened them
with disciplinary action if they refused to turn over their cell phones.
In his letter to the school, Gamso also claimed that the
school’s actions were curtailing the students’ free speech rights by instilling
fear in them that any text message they send or receive may be read by the
school.
Gamso concluded, “Schools do not have a right to confiscate
students’ personal property in order to investigate something that may or may
not have even occurred, and if it did, was outside of school property and on
students’ free time. Young people do not shed their constitutional rights at the
school door and barring an incident that disrupts the learning process, schools
should allow parents to monitor their children outside of
school.”
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