Missouri teachers sue over social networking law

It “is so vague and overbroad that the plaintiffs cannot know with confidence what conduct is permitted and what is prohibited and thereby ‘chills’ the exercise of first amendment rights of speech, association, religion, collective bargaining, and other constitutional rights by school teachers,” the lawsuit states.

State Sen. Jane Cunningham, who sponsored the legislation, said critics misunderstand the law. She said teachers are not barred from using Facebook and other websites. They also aren’t prohibited from communicating with students, providing discussions are public.

“It only stops hidden communication between an educator and a minor child,” said Cunningham, R-Chesterfield.

The law also requires schools to share information about teachers who have sexually abused students with other school districts and allows a lawsuit if a district does not disclose that information and the staff member later abuses someone else. The teachers’ group is not challenging that part of the law.

The bill won broad support in the Legislature this year and was supported by several education organizations, including the Missouri State Teachers Association. However, the restrictions on communication between teachers and students have received increased attention and have prompted growing concerns from many.

Fuller said he thinks other parts of the legislation received the attention when lawmakers were considering it.

“Everybody was focused on the bill as a whole and really wasn’t focused in on the issue of social media and really the scenarios that were going to crop up,” Fuller said.

The lawsuit was filed against the state, Gov. Jay Nixon, who signed the legislation into law, and Attorney General Chris Koster, whose office is responsible for representing state government in court. The attorney general’s office declined to comment.

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