Girl Shares Video Of Teacher’s Abuse, School Suspends The Student
Florida Recording Law states: 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. If you are operating in Florida, you may record these kinds of in-person conversations without breaking the law. However, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.
Brianna’s school claimed the teacher had an expectation of privacy even in a large, public classroom. But, Brianna’s mother, Cassie Faulkner, argues that, even if that’s the case, the suspension sent the wrong message to students, discouraging them from trying to do something when they see something wrong.
“I thought I did the right thing,” a stunned Brianna said. “You think that they would actually believe a student over a teacher?” she added, explaining why she decided to record the incident. Her mom was shocked too and said Brianna was simply trying to put an end to something she felt was wrong.
Brianna’s mother fought the suspension, which was later reportedly overturned. Sadly, this case isn’t the only one of its kind, which raises some serious concerns. In a similar scenario involving the recording of abusive school staff, the Berkeley County Board of Education filed a lawsuit against a West Virginia mother.
After Amber Pack’s daughter, Adri, came home from school with bruises, the concerned mother hid a recording device in the child’s hair. It captured staff verbal abusing students in a special education classroom at Berkeley Heights Elementary in Martinsburg. Rather than receiving praise from the school for keeping students safe, like Brianna, Amber was accused of breaking the law.
The lawsuit against the mother was dropped after a large call from the public on social media, suggesting the school board needed to be replaced in the next election. The question still remains, however, why was there a lawsuit filed against the mother at all? The same can be asked about Brianna Cooper and her suspension.
In both cases, the recordings were obtained in hopes of protecting a child. But, according to the privacy and consent laws that vary by state, the legality of such actions often fall on whether there is a reasonable expectation of privacy. This has made the use of cameras and other recording devices to monitor the care and treatment of vulnerable citizens a hotly debated topic.
The question becomes whether there should be a reasonable expectation of privacy in a public classroom or whether evidence of abuse captured by these means should have any legal protection whatsoever. What is certain is that it’s reasonable that parents would want to know how their child is being treated in the classroom while away from their care and protection. It’s also reasonable to want evidence of abuse if it’s taking place.
So, it certainly seems unfair to punish those who catch teachers abusing their position of power. It also seems detrimental and counter-productive, as Brianna Cooper’s mother pointed out — and one can only wonder whether the schools are concerned with privacy or a lawsuit that could result from what could be captured on camera. We’ll let you decide what you think.