New sexting bill jeopardizes student privacy rights
A new bill could soon give schools the ability to suspend or expel students for “sexting,” sending sexually connoted messages via text, on campus. Assembly Bill 2536, which mirrors similar laws from at least 20 other states, was introduced on Feb. 19 by Assemblyman Ed Chau (D-Monterey Park), with the aim of tackling cyberbullying and sexual harassment on campus. Aside from giving schools the power to investigate and punish students for sending nude or sexually-explicit photos at school or school-related events, it would also require schools to add curriculum regarding the consequences of sexting to their health classes.
However, the bill has faced considerable criticism from many sources, including free speech advocates and concerned parents who believe the punishments are too severe. While the bill has intentions of helping potential victims of harassment, it is ultimately misguided in its approach and likely will not help matters.
“I think this bill infringes on our freedom of speech and punishes people for a potentially victimless act,” senior Brandon Gonzales said. “This also infringes on our privacy if they are going to be looking at our phones for [proof of] sexting.”
It is important to note that counselors and administrators have voiced their support for the bill. It does not mandate that students must be suspended or expelled for their actions. The options will be put on the table, which would help to deter students from sexting in the first place, but the actual consequences for each case would still be decided by school officials. They also believe that in some cases, when students are clearly using sexting to harm or humiliate, they should be disciplined accordingly.
“I do support the bill,” Counselor Christine Lopez said. “I think it’s important that kids know that this potentially could be a consequence. Sexting is something very personal and private, and if someone uses it for malicious intent, they should receive the appropriate consequence.”
However, there is a fine line between consensual sexting and harassment between which the bill does not distinguish. In such cases when a student is using sexting as a tool to bully others, they should be treated as bullies, and disciplinary guidelines for bullies have already been properly detailed. At best, this new bill is unnecessary, but there are numerous other flaws within it that need to be addressed.
One problem with the bill is how it addresses students who sext. Many feel that suspending or expelling students is not the correct approach for dealing with this type of situation, because it will not deter them from continuing the activity elsewhere. One helpful aspect of the bill is that it would add discussions of sexting to health class, as educating students should be the proper course of action, not punishing them for making a mistake. Often times, the picture is sent with explicit permission from both the sender and receiver, so it is unfair to classify the act as a traditional case of sexual harassment. Therefore, students should not simply be kicked off of campus for sexting. Rather, they should continue to receive an education, as well as proper counseling, so they will learn from the experience.
Assembly Bill 2536 fights for a noble cause, but it is seriously flawed in its constitution. While it is important to protect students from making an error that could ruin their lives, like posting a nude picture online, there exist more appropriate measures of discipline than kicking students out of their school, or even out of the district. For instance, students could be placed in a support program that helps them cope with the consequences of their actions and learn from them. The battle to end sexting should be won through educating students and helping them realize the consequences of their actions rather than punishing them to the fullest extent.
