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by alistairSH 1492 days ago
Is there an actual expectation of privacy when enrolled at a public school? There certainly isn’t when out in truly public places (in the US). And students certainly don’t have any/much right to privacy with their bags and lockers (school employees are allowed to search them, in the US). Between the two, I can’t see there being a compelling legal argument to disallow photos for things that are in full few of tens or hundreds of other people already.
2 comments

How about "expectation of impermanence"? In the past, people had film, and the farthest any photo got was that person's album. Now every last ass on earth can post their photo in Facebook for all the world to enjoy and it won't ever get taken down. US law needs to catch up.
While I understand the sentiment attached to "expectation of impermanence", as far as I know, that hasn’t been codified federally (or in most/any states) in the US. Administrators don’t get to make rules like this up without a legal basis to do so (well, they can try, but they’ll lose in court). There very may well be some other legal basis for “no photos of kids in public” but I’m not aware of it.
> I can’t see there being a compelling legal argument to disallow photos

> that hasn’t been codified federally

The world is moving faster than law, I'd even go as far as to say that it almost always has been. What gets put into law has to have a common sentiment behind it first.

And not everything that's law means that's how things should be. Even in the US I think some states have the death penalty, others don't. The law does not show some absolute truth.

Your thinking is happening on a plane of law and legal enforcement: "the school can't enforce these rules, they can't stop me from taking photos, it's all legal".

Were it legal to kick a kid and the school had a rule prohibiting it, would you say the same? My thinking isn't about the law at all. It's about what I view as problematic and how I believe things should be; the sentiment that precedes law. I don't have to wait for the law to say that kicking kids shouldn't be happening.

And it's not just the expectation of impermanence. Those photos are forever and for everyone as you say. Reachable by anyone, anytime for whatever reason.
> Is there an actual expectation of privacy when enrolled at a public school?

No. Children in schools don’t have rights, the same way as prisoners don’t have rights. Public and private schools are not different in this respect. As institutions built on dominance and the implied use of force schools could not function in anything resembling a normal fashion if children had rights.

> No. Children in schools don’t have rights, the same way as prisoners don’t have rights.

Tinker would like a word.

I mean, prisoners also have limited rights to free speech, I guess? Think GP meant "rights" to mean "the full spectrum of civil rights private, adult citizens enjoy"