• The Saga of Ashley Payne (2011)

• After her first year of teaching, Payne went on a trip to Europe. When she returned, she created a Facebook album with several hundred vacation photos. A handful showed her enjoying a drink or two.

• The photo album was marked “private,” but could still be viewed by her Facebook “friends” (which did not include any students)

• She also mentioned on Facebook that she was heading out to play a game called “Crazy Bitch Bingo” at a local club

• One her vacation photos and the club post were printed out and sent anonymously to Payne’s principal

• On February 6, 2011, I appeared on CBS News “Sunday Morning with Charles Osgood” to discuss internet privacy; Ashley Payne was also interviewed. “https://search.alexanderstreet.com/preview/work/bibliographic_entity%7Cvideo_work%7C3165557”

• The Questions

• Can educators post photos of themselves on vacation on social media?
  • Yes, but …
  • Teachers are generally (and sometimes legally, as in Canada) held to a higher standard of conduct online
  • Persistent double standard – female teachers more closely scrutinized and more harshly judged
  • “Personal time” is often not “private”
• Challenging Definitions
  • “racy photos”
  • “scantily clad”
  • “indecent”
  • “risque”
• Legal Issues
  • First Amendment
  • Decency / Obscenity
  • District / School Policies
• What are the potential risks?
  • Aggressive searches by curious students
  • Loss of privacy (i.e., control over what is shared)
  • Oversharing by friends or family
  • Posts by second employers (modeling agencies, fishing charters)
  • Unflattering posts by a friend or a complete stranger
  • Public criticism / parental trolling
  • Harassment
  • Adverse job actions
  • Theft
• What can teachers do to protect themselves?
  • Clean up social media channels before applying for jobs
  • Review privacy settings
  • Reflect on the true meaning of “friendship”
  • Create a “Custom List” of Facebook or Instagram friends
  • Share albums directly with trusted friends in Google Photos or Apple iCloud
  • Selfie-searches
  • Third-party scrubbers (but beware of scams)
  • Hashtag Advocacy
  • Russian teachers protested the firing of a Siberian teacher after she shared a photo of herself in a bikini, getting ready for “cold swimming”
  • Legal counsel for adverse labor actions

• Resources

- #2022–04–19 What the Tech: Facebook vacation photos “https://www.texomashomepage.com/what-the-tech/what-the-tech-facebook-vacation-photos/” - #2021–03–09 L.A. Teachers Union Facebook Group Warns Educators Not to Post Vacations Online Due to Bad Optics “https://www.newsweek.com/l-teachers-union-facebook-group-warns-educators-not-post-vacations-online-due-bad-optics–1574828” - #2019–04–02 Teachers turn on bikini power online to support colleague “https://www.thestandard.com.hk/breaking-news/section/6/125367/Teachers-turn-on-bikini-power-online-to-support-colleague” - #2018–06–14 Teacher are humans, too! Siberian tutors in bikini protest flashmob to support a colleague “https://siberiantimes.com/other/others/news/teacher-are-humans-too-siberian-tutors-in-bikini-protest-flashmob-to-support-a-colleague/” - #2018–06–10 Teacher fired in Omsk after posing in swimsuit as plus size model “https://siberiantimes.com/other/others/news/teacher-fired-in-omsk-after-posing-in-swimsuit-as-plus-size-model/” - #2016–11–28 Should teachers be banned from posting ‘scantily clad’ photos? Ottawa board seems to think so “https://nationalpost.com/news/canada/should-teachers-be-banned-from-posting-beach-photos-on-facebook-ottawa-board-seems-to-think-so” - #2016–11–28 Ottawa’s Public School Board Wants to Ban Teachers From Posting Beach Photos “https://www.vice.com/en/article/yvejwm/ottawas-public-school-board-wants-to-ban-teachers-from-posting-beach-photos” - #2016–04–10 Primary school teacher is sacked after video of her twerking in a bikini in Mexico sweeps the web and is spotted by outraged parents “https://www.dailymail.co.uk/news/article–3532399/Primary-school-teacher-sacked-video-twerking-bikini-Mexico-sweeps-web-spotted-outraged-parents.html” - #2016–11–27 Teachers on Facebook: Is posting that beach bikini shot going too far? “https://ottawacitizen.com/news/local-news/teachers-on-facebook-is-posting-that-beach-bikini-shot-going-too-far” - #2015–10–22 Utah teacher wins battle with school over her ‘inappropriate’ Instagram account “https://www.nydailynews.com/news/national/utah-teacher-wins-battle-school-instagram-account-article–1.2407944” - #2015–02–10 Teachers tripped up by Facebook rants and bikini pics “https://www.theguardian.com/education/2015/feb/10/teachers-tripped-up-by-facebook-rants-and-bikini-pics ” - #2013–11–09 Too Sexy to Teach! H.S. Teacher Fired Over Bikini Pics “https://cw39.com/cw39/online-dish-too-sexy-to-teach-h-s-teacher-fired-over-bikini-pics/” - #2013–11–05 Idaho high school basketball coach Laraine Cook fired after posting Facebook photo of boyfriend grabbing breast “https://www.nydailynews.com/sports/high-school/idaho-hs-coach-canned-breast-grabbing-facebook-photo-boyfriend-escapes-firing-article–1.1507889” - #2012–04–10 Should Teachers Be Disciplined For Online Lives? “https://www.npr.org/2012/04/10/150361223/should-teachers-be-disciplined-for-online-lives” - #2011–10–11 Judge Rules Against Teacher Who Says She Was Fired Over Facebook Photos “https://www.abajournal.com/news/article/judge_rules_against_teacher_who_says_she_was_fired_over_facebook_photos” - #2011–02–08 Teacher Fired for Drinking on Facebook Isn’t the Real Problem “https://cafemom.com/parenting/115957-teacher_fired_for_drinking_on” - #2011–02–06 Did the Internet Kill Privacy? “https://www.cbsnews.com/news/did-the-internet-kill-privacy/” - #2008–04–30 Teacher Moonlighting as Bikini Mate Cut Loose “https://abcnews.go.com/US/story?id=4756166&page=1”

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