Midwest Education Law - Spencer Fane Britt & Browne


Court Strikes Down Portion of SB54

Jonathan F. (Jon) Duncan, Friday, August 26, 2011 | Filed under: First Amendment, School Board Policies, Legislation

As readers know, Missouri's so-called "Facebook Law" has received national attention.  Although passed unanimously by the Missouri General Assembly, the core provisions subsequently generated much disagreement and a constitutional challenge.  The court challenge to SB54 also made national news and a legal ruling today will no doubt also recieve attention.  In short, the judge found unconstitutional the portion of SB54 precluding teachers from using non-work related internet sites that allow "exclusive access" to current and former students.  The ruling is preliminary and may be rendered moot by further legislative action.  Specifically, legislators had already pledged to clarify and correct the challenged provision and we will monitor developments.  Importantly, all other provisions of SB54 remain in effect and should be followed unless and until amended by the General Assembly.