In today’s article, yet another story comes out from the insufficiency of law in the field.
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How could surveillance be legal, but a citizen’s sudden reaction similar to surveillance be illegal?
A 5th grader got suspended, after making a video recording of a teacher bullying another student from her class.
In the audio recorded by the student Cooper, the teacher can be heard saying, “Don’t let the size fool you. I will drop you.” Later on, this can be heard – “Biggest kid in the fifth grade and you acting like the smallest one.”
After the recording was turned to the school officials, the teacher was fired. But the student was also suspended, allegedly, because her recording was “illegal”.
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According to the school board, since the teacher had no knowledge she was being recorded, there’s no consent and the teacher’s expectations of privacy have been violated.
and according to Florida law,
“Florida makes it a crime to intercept or record a “wire, oral, or electronic communication” in Florida unless all parties to the communication consent. Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard.”
Also, the school board issued a statement responding to the class incident:
“The staff at Sam Gaines Academy investigated the incident involving unprofessional behavior by the teacher and took swift, appropriate action. The teacher was dismissed and no longer works for the school system.”
But, tell me, would anyone do such a thing if they knew they’re being monitored and recorded?