Bullied Kid records incident. Get charged with Felony Wiretapping

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#53
So I still can't find anything on one student recording another in school, but did find that Pennsylvania this year decided to allow audio recording students on buses:

Under Senate Bill 57, school boards that want to use audio recordings on school buses or school vehicles for disciplinary or security purposes have to adopt a policy that authorizes their use. School boards also have to send parents written notices at the beginning of each school year about audio bus recordings and post warning placards on buses about audiotaping. This portion of the bill takes effect immediately.
So clearly the kid should have angled to get bullied on the bus, at which point it all would have been recorded for him.

I'd actually really like to know where the Supreme Court stands on one student using a school-approved device to record another student.
 
#55
What a shitty thing. How is their first thought "Let's get this kid for wire tapping!! That will show him not to be bullied in our school!"

Disgusting. I hope they are all fired.
 
#56
So I still can't find anything on one student recording another in school, but did find that Pennsylvania this year decided to allow audio recording students on buses:



So clearly the kid should have angled to get bullied on the bus, at which point it all would have been recorded for him.

I'd actually really like to know where the Supreme Court stands on one student using a school-approved device to record another student.
Here's something i found on PA law

"The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private."
 
#58
You need parents' consent and student assent for any recording, video, or pictures done in a school. Ask any teacher or someone in the education department of your university. Minors are a protected class and can't give consent for anything. This is different from searches conducted on school property in that students and parents already give consent to the administration as price of attendance.

Also, this classroom was mentioned to contain students with behavioral issues. Their verbal statements, while offensive, might be part of the reasons why they are there in the first place. They will not be sent to an in school suspension room instead. And you have to realize this is one moment out of 1000s of hours in a classroom. We do not have complete information of what the teacher did to correct this situation. The student that was bullied only taped what happen to him and does not give the complete picture. The teacher could have done something later with the other students as part of her classroom management plan.

Now having said that, I wonder how a minor could be questioned by the police without either their parents present or a lawyer. The use of the officer seems out of bounds for me. If I had to blame someone, then it would be the administration. They went in very heavy handed instead of working to fix the underlying issue.
 
#59
This is what happens when you follow protocol to a 'T' with no regard for common sense.

American privacy laws can get so wacky. As far as I know, in Canada it's legal to record anything as long as at least one member of the conversation knows it's occurring, which is a fine solution for people recording themselves getting fucking bullied or harassed.
It's like that in some U.S. states, even for phone calls.
 
#60
It's a bullshit move take to protect teachers from being wiretapped. They don't want to set a precedent of any kind for student recordings.
 
#62
am I reading this correctly?
They place kids with behavioral problems in the same class as special needs kids? Is that a common practice in US schools?



The whole situation is unbelievable. Shame on the Principal, AP, and Judge. It's got to be a horrible feeling for the mom to feel like she's fighting against the whole system regarding a situation where her child should be considered the victim in this.
 
#64
Seeing things in black and white. *Sigh* Not a good thing.

Overlooking the issue, denying common sense, punishing the victim, unethical handling of school-related conflicts, and misuse of administrative power: what a pair of fucktards. They should be held responsible for their ridiculous behavior.

I really dislike school districts.
 
#66
felony wiretapping is a no-no.

Do what i did to bullies as a kid, bees in unexpected places.


guerilla warfare.

the law doesn't do shit for the bullied sadly so sometimes you gotta do what you gotta do.
 
#69
Man, that fucking picture in the OP cracked me the hell up.

Ugh, poor kid. That's how the legal system works though. Clearly there's a big issue when hard evidence of a bullying is being discarded because the bullies didn't agree to be recorded.

Also to the "two wrongs don't make a right" guys: What else could a bullied kid do? People ignore the hell out of being bullied as it is, there's very few options other than letting yourself get beat up until a witness happens to walk in and see it at the same time. And THEN that witness has to take it seriously, which is rare in itself. People shouldn't be allowed to record people 24/7 but the system is broken in this regard. If I see someone beating up a kid or sexually harassing someone and pull out my phone to record it I can't use it as evidence because I didn't get permission? That's messed up and that is not justice.
 
#70
Two wrongs don't make a right.
This.
There is injustice here and in other news, but could we please stop to want to kill and torture people for everything? I mean, some of "you" guys make even threats to kids. Bullying is bad, yes, but the way to fight it is not to slaughter or strike back with more bad deeds.
 
#71
am I reading this correctly?
They place kids with behavioral problems in the same class as special needs kids? Is that a common practice in US schools?



The whole situation is unbelievable. Shame on the Principal, AP, and Judge. It's got to be a horrible feeling for the mom to feel like she's fighting against the whole system regarding a situation where her child should be considered the victim in this.

They do put the learning disabilities children with the troublemakers because the education system in the USA is broken.
 
#77
Absolute bullshit.

I can not believe grown people would convict the child of such a thing, that only allows the bullies to believe they can get away with everything and the kid who tattles will be punished. Worse being it's the kid.

To convict the kid for wanting this to stop.....not enough anger.
 
#78
Next time turn the camera on, then it's no longer an audio recording and it's kosher.

May not actually be true.
Well considering how many various classroom incidents I've seen on youtube with kid's recording them on their phones, I wouldn't be surprised if that was true.
 
#80
because he made a recording in a place with an expectation of privacy
Wat?

Wat?

Waaaaaaaattttt?

But I guess there was no expectation of not being bullied, ey ey?

Get out and take your god damn Mr. Clean assistant with you.

I could literally punch them in the face.
 
#82
I live in Pittsburgh, this is ridiculous.

Next they'll sue that Vice Principal who tackled the stabber at that high school right outside of the city with assault or something. My god.
 
#83
Expectation of privacy in a public school? Yeah, no. That's fucking bullshit.

I just literally don't know how, as adults, your first instinct wouldn't be to punish the kids who are bullies and have a talk with the teacher who lets it happen. But instead call the police.
 
#84
Expectation of privacy in a public school? Yeah, no. That's fucking bullshit.

I just literally don't know how, as adults, your first instinct wouldn't be to punish the kids who are bullies and have a talk with the teacher who lets it happen. But instead call the police.
career > vulnerable developing minds

every time
 
#85
Expectation of privacy in a public school? Yeah, no. That's fucking bullshit.

I just literally don't know how, as adults, your first instinct wouldn't be to punish the kids who are bullies and have a talk with the teacher who lets it happen. But instead call the police.
My guess is that one of the bullies is the son of someone the school officials want to protect. A golfing buddy or some dumb bullshit like that.
 
#86
As someone who used to get physically bullied and have racial slurs thrown at him in front of teachers (who'd look right at me after and tried to pretend nothing happened), I have little sympathy for the school.
 
#90
This is why I always say when shit starts up in regards to bullying a kid should take drastic steps. The kid has to be cunning in this situation and seriously hurt one of the bullies. Doesn't matter how he does it he just has to do it. Otherwise they won't stop.
 
#91
This "no tolerance" blanket is utter bullshit. We've seen what happens when kids are pushed to their limits. It's not a matter of "if" but "when" another mass shooting/stabbing happens.
 
#94
So I don't think the third link was there when I first read the OP; I just went in and read it, and here's the cop's logic:

Kurta said, “After I left the school, I wasn’t sure what charge to file so I contacted the district attorney’s office. This would fall under a wiretapping violation, which is a felony.” He later answered as to why he thought the disorderly conduct charge applied to this case by saying, “Because his (the student’s) actions — he engaged in actions which served no legitimate purpose.” He then read the statute as, “Creates a hazardous or physically offensive condition by acts which serve no legitimate purpose.”
I'm having a really hard time mapping that explanation of the statute to what happened here; had he played the recording over the school PA or something, maybe, but making a recording he played only for his mother? Really?
 
#95
These stories always hit me where it hurts. Shame on the school board and screw those bullies. The only recourse to being bullied nowadays seems to either be fighting back or taking it lying down. And they're both horrible.
 
#96
This is why I always say when shit starts up in regards to bullying a kid should take drastic steps. The kid has to be cunning in this situation and seriously hurt one of the bullies. Doesn't matter how he does it he just has to do it. Otherwise they won't stop.
You guys and your violent fantasies. *sigh*
 

Htown

STOP SHITTING ON MY MOTHER'S HEADSTONE
#99
What a shitty thing. How is their first thought "Let's get this kid for wire tapping!! That will show him not to be bullied in our school!"

Disgusting. I hope they are all fired.
There is no greater sin than making the school administration look bad.
 
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