Before we begin please let us assure you that we are all for the presumption of innocence, civil rights, and the protection of privacy. But every now and then something comes up that makes us go more than hmm. Something that we’re certain Tom, John, Ben, and the gang in Philadelphia in 1776 really hadn’t had in mind.
Somewhere in Pennsylvania there is a young high school sophomore who has been the target of bullying. The school district in which he is currently a sophomore claims it takes all manner of precautions and discipline to provide a safe environment for its students, including protection from physical, verbal, and psychological abuse dealt by bullies, not unlike the rest of the country.
This young man had claimed to be the victim of a bully since the school year began. He brought his concerns to his mother who in turn brought them to the school per the district policy. Yet the bullying continued. The young man’s mother couldn’t even confirm if her concerns were ever addressed with the “alleged” bully and/or the “alleged” parents of said “alleged” bully. The district claimed that would be an infringement on the “alleged” bully’s “alleged” privacy if they were to disclose if they spoke with him or his parents about the “alleged” conduct.
Let’s fast forward to this spring. Young man has had enough of the bully and not having any positive response form the school decides the best way to convince them that he is being victimized is to show them the victimization. And so, with his cell phone, he records the bully bullying him. He takes this recording to his mother who takes it to the school who promptly has the young man arrested and charged with wiretapping for recording the “alleged” bully without his consent. About a week later the young victim is actually convicted under the wiretapping statutes of Pennsylvania and ordered to pay a fine and court costs, hopefully unlike the rest of the country. At least he didn’t get jail time.
Fast forward again a few weeks. There is discussion over this. The district attorney’s office gets involved and decides that perhaps this wasn’t the best outcome and asks for the conviction to be vacated. However, it will stay on his record until he requests, and pays the attending court and legal costs, to have his record expunged. The school district is not in any hurry to apologize and actually stands by its decision to have the young man charged since it wants to provide a safe environment for its students including the expectation of the right to privacy, apparently the “alleged” privacy of the “alleged” bully. And public opinion is pretty much split 50/50 on who is right and who is righter.
So we suppose the next time you’re walking through a store, or a parking lot, or used car establishment, or perhaps a bank or post office and you see the sign, “Smile, You’re on Camera,” you have the right to say, “No, I’m not.” Of all his inventions, it’s a shame the camera wasn’t one of Ben Franklin’s. Then we’d know for sure.
Now, that’s what we think. Really. How ‘bout you?