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STF na Mídia - MyClipp

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that students do not leave their constitutio<strong>na</strong>l rights at<br />

the schoolhouse gate,” Shear said. He said that any<br />

policy that required students to give access to<br />

“password-protected electronic content” was “a clear<br />

violation of their student’s First and Fourth Amendment<br />

Constitutio<strong>na</strong>l rights.”<br />

He added of companies that monitor athletes’ online<br />

activities: “These companies are selling s<strong>na</strong>ke oil that<br />

contains a major legal liability time bomb. To me,<br />

there’s no difference in having to Facebook-friend a<br />

coach than turning over user <strong>na</strong>me and<br />

Oklahoma’s athletic director, Joe Castiglione, said the<br />

university required its athletes to friend coaches on<br />

Facebook. He said that when athletes were questioned<br />

about something that appeared on their Facebook<br />

pages, they often responded, “Hey, you’re not<br />

supposed to see that.” He said his answer was, “Well,<br />

everyone else in the world can.”<br />

Jeremy Foley, the athletic director at Florida, said his<br />

department contracted with UDiligence to monitor only<br />

the Gators’ football players.<br />

“I’m not a big believer that it’s our responsibility to<br />

monitor that 24-7,” Foley said. “If there’s an issue, we’ll<br />

deal with it. We’re trying to run a business here. We’re<br />

not trying to be Big Brother.”<br />

Varsity Monitor’s Car<strong>na</strong>han said that by allowing the<br />

universities to determine how much access his<br />

company gets, it leaves a “white space” for colleges to<br />

make their own decisions. But Kevin DeShazo, the<br />

founder of Fieldhouse Media, another company in the<br />

expanding online monitoring field, said that his<br />

company does not access private information and that<br />

he is opposed to monitoring Facebook and forcing<br />

athletes to download applications or give access to<br />

The New York Times/ - Politics, Sáb, 31 de Março de 2012<br />

CLIPPING INTERNACIONAL (Supreme Court)<br />

password-protected content.<br />

“To be forced to give you access, passwords or let<br />

them be friends with you on Facebook — I get why<br />

coaches feel like it’s necessary, but there has to be<br />

some level of respect and trust with these kids,”<br />

DeShazo said, adding that his company has focused<br />

on educating athletes about the perils of social media.<br />

At North Caroli<strong>na</strong>, where a message on Twitter from<br />

the former football player Marvin Austin in 2010<br />

revealed that he was receiving impermissible benefits<br />

and was a factor in his being suspended for the<br />

season, the social media policy is strict.<br />

Steve Kirschner, a spokesman for North Caroli<strong>na</strong>’s<br />

athletic department, said each of the university’s sports<br />

teams had a coach or a staff member assigned to<br />

monitor Twitter messages sent by its players.<br />

Roy Williams, the men’s basketball coach, said he<br />

recognized that social media were simply a fact of life.<br />

His players are permitted to use social media sites,<br />

though not without a warning.<br />

“I tell the guys, ‘It’s America, you have freedom of<br />

speech,’ ” Williams said. “If you say something and it<br />

embarrasses me or the basketball program or your<br />

family, I’m going to be disappointed.”<br />

The legal questions are not as simple, however, and<br />

the answers may not come from campuses but from<br />

courtrooms and legislatures.<br />

“These are murky waters,” Voth said, “and it’s a<br />

problem that’s not going to be answered today or in a<br />

few months or a year.”<br />

103

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