From Doe v. California Lutheran High School Assn., E0444811 (Ct. App. Cal. 4th App. Dist., Jan. 26, 2009):
In early September 2005, a student at the School reported to a teacher that one unnamed female student had said that she loved another unnamed female student. The reporting student added that, if the teacher looked at these female students’ MySpace pages, he would be able to find out who they were and how they felt about each other.
The teacher then reviewed the MySpace pages of all female students on the class roster, including plaintiffs’ MySpace pages. Mary Roe went by the screen name, “Scandalous love!” Jane Doe went by the screen name, “Truely [sic] in [love, represented as a heart in source]. with You.” On their MySpace pages, plaintiffs referred to being in love with each other. In addition, Mary Roe’s MySpace page listed her sexual orientation as “bi.” Jane Doe’s listed hers as “not sure.”
Expulsions followed. There are some familiar themes here:
- Doe and Roe misunderstood the privacy risks of their declarations of love.
- MySpace’s search-by-school feature makes large-scale privacy violations much easier—but also facilitates social interaction and community formation.
- Without the untrustworthy “friend” who tattled on them, Doe and Roe wouldn’t have been noticed by the school. (It’s also fascinating that the friend said enough to identify them but wasn’t willing to use their names.)
As for the holding that a private school that charges tuition is not a “business enterprise,” don’t get me started.