A 12-year-old Minnesota girl was reduced to tears while school officials and a police officer rummaged through her private Facebook postings after forcing her to surrender her password, an ACLU lawsuit alleges.
The claims are the latest in a string of tales showing that even password-protected, private online activities might not be safe from curious government agencies and schools.
The girl, whose identity is withheld in the lawsuit, came home "crying, depressed, angry, scared and embarrassed" after she was intimidated into divulging her login information by a school counselor and a deputy sheriff, who arrived in uniform, armed with a Taser, the lawsuit alleges.
"(The student now) fears that the school could make her give up her passwords at a moment's notice, at any time, for any reason," the lawsuit claims. It also alleges that password prying is standard practice at the Minnewaska Middle School, which the student still attends. "(Officials) have compelled other students to disclose their private information and have accessed students' online accounts on multiple occasions," it states.
Officials at the Minnewaska Area School District -- which is about 125 miles northwest of Minneapolis -- say the ACLU's version of events is "one-sided," and that the school acted to "prevent disruption," according to a statement e-mailed to msnbc.com by Superintendent Gregory Ohl.
"The district is confident that once all the facts come to light, the district's conduct will be found to be reasonable and appropriate," it said.
When asked if the district has obtained other students’ login information, he responded, “We feel this is not accurate.”
The lawsuit raises the complicated -- and quite unsettled -- legal quandary that balances students' constitutional rights with schools' needs to maintain order and a positive educational environment. For example, can schools punish students who publicly criticize school officials on their own time using social networks?
Federal district courts have handed down contradictory decisions on that issue. Facing a chance to settle the matter, the U.S. Supreme Court in January declined to hear three cases on the issue.
But private social media criticism, intended only for a limited audience behind a password or a privacy wall, raises a different legal issue, said Teresa Nelson, a lawyer for the ACLU in Minnesota.
Cheneyism run amok?
What if it happened to you, CID1990?
"What'd he find, Ron?"
"Oh, apparently, Jessica blew Tommy in the gym locker room, or something, and she posted her facial."
But your kids do deserve a fair shake and this doesn't sound like it was handled by the school well at all. The school is gonna end up with their tit in the ringer for it and rightfully so. 
