Showing posts with label inappropriate. Show all posts
Showing posts with label inappropriate. Show all posts

Saturday, July 2, 2011

TAKE YOUR CONTROL BACK!

STALKING YOUR STALKER

Are you, or someone you love, so damn frustrated by a stalker (or cyberpath) you just want to scream? Adding insult to injury most recommendations come in the form of things you must do. You, not the stalker, are advised to turn your world upside in hopes it might stop. Law enforcement tells you there is not enough to make an arrest. Nobody or nothing seems to help.

When you are at your wits end I suggest you stalk the stalker. No, I don’t mean literally go out and follow them around. Nor do I mean gather all their personal information you can get your hands on. What I do mean is learn as much as you can about them. You need to become your own expert on how they think.

Why? Your stalking will offer some relief in two ways. Your research will reveal you are not crazy and that you are just an object used for pleasure.

Let’s go inside the mind of one type of stalker, the psychopath. If you have trouble grasping it, don’t be surprised. Most of us do not think the same way.

I want to focus on the psychopath because they are extremely destructive with potential life ending consequences. We have no way of predicting if your stalker’s desire includes this possibility. All are not created equally.

Unless they come out and admit prior instances you are left in perilous fear of the prospect. In your own best interest keep a positive outlook.

For the purpose of this article I am going to assume your stalker is a psychopath.

Generally, most people’s behavior is constrained. We are not typically aware of it, but it happens just the same. It is this natural constraint that your stalker may lack. Without it, their game of life is played by totally different rules.

Consideration of their rules helps explain their actions and might translate into some predictability on your part. You did not volunteer for any of this, but you are in it just the same.

Believe it or not your stalker has the advantage right from the start. By the time you realize anything is going on they have your life down. Someway, somehow, somewhere you became an object they have a desire to play with. Why you are the chosen has no precise answer.

To ask why they don’t stop is easier to understand. Their unfettered actions will continue until they no longer have the object (you) available or they become interested in a new object (phew).

Obviously if you are able to build a case strong enough your stalker is off to prison for a while, the game is over or maybe just suspended. In the worst case scenario you do not live to tell about it, then the game is over.

The best outcome and one that you may have a slight influence over is transference of interest. This is when you are replaced. These individuals are predators and they will stalk their entire life. Some prey may never be aware of it until it is over. But in your case you are very aware.

The other way your stalker has an advantage over you is their actions are unfettered. You may have no appreciation of this fact. Get some advantage over the the situation and wrap your mind around the concept their actions are delivered to you without any feelings for you whatsoever. You may be dealing with them the same way your deal with anybody else.
Big mistake.

How you feel about the way you are being treated makes no difference. To them you are like a soccer ball, kicked around for pleasure. Pleading with them does not compute.

Imagine you are out in a huge grassy meadow listening to your favorite music. Nobody is around. A song comes on you love. You jump up and start dancing like never before. No constraint, the music moves your body without a care in the world. The music is your motivator and your body is responding to a desire. Nobody is around to inhibit or constrain your actions. Try it sometime. You may dance like never before.

Most of us are inhibited by what others might think and constrained by not wanting to hurt another. If your stalker is a psychopath, then they are not.

Why they do not stop is because they are neither inhibited nor constrained. They do not have the ability to identify with your feelings. Remember how you feel in the meadow. Nobody is around to identify with so you feel free to move your body in accordance with your desire.

Your stalker lives in this meadow all the time. Only their meadow may be downtown New York City.

What about the fact they are living a normal life outside their stalking behavior. If you believe that you need to take yourself back to the meadow. Nothing is normal about their life. Getting along in a world that has different rules comes from learning and executing taught behavior. It is that simple.
When faced with something unique their true identity is revealed. If you know what to look for you will see it. Their response will be inappropriate, unless they get lucky.

Highly intelligent psychopaths are masters at this. What they learn as children is executed almost flawlessly as adults. Almost is the key word here. If you watch them long enough you will see repetitive inappropriate behavior.

Stalking is inappropriate behavior. If a stalker has a desire to stalk, they will pursue it irrespective of any attempts to teach them what is appropriate. Your telling them what they are doing is wrong is a waste of energy.

Research how the psychopath’s mind works.

Take back control of your life. Stalk Your Stalker ASAP.

SOURCE & OTHER GREAT ARTICLES - CLICK HERE

TAKE YOUR CONTROL BACK!

STALKING YOUR STALKER

Are you, or someone you love, so damn frustrated by a stalker (or cyberpath) you just want to scream? Adding insult to injury most recommendations come in the form of things you must do. You, not the stalker, are advised to turn your world upside in hopes it might stop. Law enforcement tells you there is not enough to make an arrest. Nobody or nothing seems to help.

When you are at your wits end I suggest you stalk the stalker. No, I don’t mean literally go out and follow them around. Nor do I mean gather all their personal information you can get your hands on. What I do mean is learn as much as you can about them. You need to become your own expert on how they think.

Why? Your stalking will offer some relief in two ways. Your research will reveal you are not crazy and that you are just an object used for pleasure.

Let’s go inside the mind of one type of stalker, the psychopath. If you have trouble grasping it, don’t be surprised. Most of us do not think the same way.

I want to focus on the psychopath because they are extremely destructive with potential life ending consequences. We have no way of predicting if your stalker’s desire includes this possibility. All are not created equally.

Unless they come out and admit prior instances you are left in perilous fear of the prospect. In your own best interest keep a positive outlook.

For the purpose of this article I am going to assume your stalker is a psychopath.

Generally, most people’s behavior is constrained. We are not typically aware of it, but it happens just the same. It is this natural constraint that your stalker may lack. Without it, their game of life is played by totally different rules.

Consideration of their rules helps explain their actions and might translate into some predictability on your part. You did not volunteer for any of this, but you are in it just the same.

Believe it or not your stalker has the advantage right from the start. By the time you realize anything is going on they have your life down. Someway, somehow, somewhere you became an object they have a desire to play with. Why you are the chosen has no precise answer.

To ask why they don’t stop is easier to understand. Their unfettered actions will continue until they no longer have the object (you) available or they become interested in a new object (phew).

Obviously if you are able to build a case strong enough your stalker is off to prison for a while, the game is over or maybe just suspended. In the worst case scenario you do not live to tell about it, then the game is over.

The best outcome and one that you may have a slight influence over is transference of interest. This is when you are replaced. These individuals are predators and they will stalk their entire life. Some prey may never be aware of it until it is over. But in your case you are very aware.

The other way your stalker has an advantage over you is their actions are unfettered. You may have no appreciation of this fact. Get some advantage over the the situation and wrap your mind around the concept their actions are delivered to you without any feelings for you whatsoever. You may be dealing with them the same way your deal with anybody else.
Big mistake.

How you feel about the way you are being treated makes no difference. To them you are like a soccer ball, kicked around for pleasure. Pleading with them does not compute.

Imagine you are out in a huge grassy meadow listening to your favorite music. Nobody is around. A song comes on you love. You jump up and start dancing like never before. No constraint, the music moves your body without a care in the world. The music is your motivator and your body is responding to a desire. Nobody is around to inhibit or constrain your actions. Try it sometime. You may dance like never before.

Most of us are inhibited by what others might think and constrained by not wanting to hurt another. If your stalker is a psychopath, then they are not.

Why they do not stop is because they are neither inhibited nor constrained. They do not have the ability to identify with your feelings. Remember how you feel in the meadow. Nobody is around to identify with so you feel free to move your body in accordance with your desire.

Your stalker lives in this meadow all the time. Only their meadow may be downtown New York City.

What about the fact they are living a normal life outside their stalking behavior. If you believe that you need to take yourself back to the meadow. Nothing is normal about their life. Getting along in a world that has different rules comes from learning and executing taught behavior. It is that simple.
When faced with something unique their true identity is revealed. If you know what to look for you will see it. Their response will be inappropriate, unless they get lucky.

Highly intelligent psychopaths are masters at this. What they learn as children is executed almost flawlessly as adults. Almost is the key word here. If you watch them long enough you will see repetitive inappropriate behavior.

Stalking is inappropriate behavior. If a stalker has a desire to stalk, they will pursue it irrespective of any attempts to teach them what is appropriate. Your telling them what they are doing is wrong is a waste of energy.

Research how the psychopath’s mind works.

Take back control of your life. Stalk Your Stalker ASAP.

SOURCE & OTHER GREAT ARTICLES - CLICK HERE

Saturday, May 21, 2011

Stone's Threats, Provocations and Mood Swings


(POSSIBLE TRIGGER WARNING TO ABUSE VICTIMS; STRONG LANGUAGE WARNING ALSO)

What is disturbing about these messages is the extreme-range swings in mood from Stone. His disregard for Victim 1 & 2's minor child; his assumption that Victim 1 wants to speak to him (she didn't); his threats and attempted provocations.

For victims who may already have trauma issues, such as PTSD or even illness - these threats can provoke extreme fear. While some may find these messages from Stone harmless - we can never know when someone this unpredictable may snap..

In 3+ years, Stone simply will not stop. Everything usual has been tried. EOPC even took down his expose by request of his victims for over 2 years; still the emails and accusations continue unabated. Legal remedies against these are currently being further explored by Stone's victims:


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Reply-To: "Gary Stone"
From: "Gary Stone"
To: "Victim 1"
Subject: brat
Date: Mon, 21 Apr 2008 09:00:26 -0400
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fromGary Stone
reply-toGary Stone

date21 April 2008 13:00
subjectbrat
mailed-bycomcast.net

hide details 21/04/2008 Reply


Fuck [Victim 1 & 2's minor child]! tell Victim 2 I said that. She's a brat. he knows where I live.

---------------------------------

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Date: Tue, 20 May 2008 15:03:57 -0400
From: "Gary Stone"
To: Victim 1 and Victim 2
Subject: heres a twist
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Exploit yer selves change authorship book haha abd sell it yourselves. Er...boob, how r ya? You got Victim 1 in a shit load of trouble with yer changed ways. When i am done with you old chap, they wont let you on the front porch. I hope you don't have designs on that house, i am writing XXXX, and ask her to check my facts son. I will ask her that she should will, under XXXX supervision, that Victim 1 can only live there if you are not involved, she can include me too for all I care. You see son, you don't endanger the people you live with, and, you don't hope to dance on their graves, its a common courtesy. It;s u I want babe. Now you did threaten me, and I am waiting, here i am. No weapons, just natural. fair. u game? boy?

I don't appreciate you sending that to my daughter, and so i have a bone to pick with you, I will let you have first punch it'll be yer last one.

You got a little to cute with me, and I am asking u if you want to dance/ Im here. I wll sign all rights away, you can publish under XXX. XXXX, what do you say> er boob, bob. Victim 2 the acct is mine now, XXXX has another, Victim 1 you gave Victim 2 my daughters email, did Victim 1 make you do it?.Maybe you can hide in Ireland. .Could the irish tolerate the smell? right here youngster,
haha.

--------------------------------------

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Reply-To: "Gary Stone"
From: "Gary Stone"
To: Victim 1
Subject: reasons
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hide details 14/06/2008 Reply

You are a pig and a slut. You are amoung the lowest pieces of shit, I have ever encountered. I was re-reading the reasons for the report, and I take back my apology for calling you a cunt. You are a cunt, and worse. I shouln't be apologizing to you for anything, you pathetic skank. Street walker have more ethics than you do...

----------------------------

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I am calling you, I think you want to talk, but you are afraid, dont be afraid, I wont beat you up.

-------------------------------------

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Subject: Re: discuss this with me>
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I wont beat you up. Please talk.

-----------------------------

On Sat, Jul 19, 2008 at 2:33 PM, Gary Stone wrote:

> I would like to talk if you feel this book misrepresents you.

------------------------------

On Sat, Jul 19, 2008 at 2:31 PM, Gary Stone wrote:

>> IM back, I have a little while. Will you discuss this with me or will you
>> stay in the shadows you have grown used to? I have coffee and I am ready to
>> talk. I am going to forward a non response from you to garderner, and remind
>> him, that in his presence you did not pose and an objection to this. I
>> really only want to make you suffer consequences equal to the damage you
>> have done to me, an mine. And move on. I dont have any love feelings
>> anymore, or hate feelings. I cant rationalize positive feelings, and hatred
>> only hurts me. But you are not forgiven obviosly, and thats because you wont
>> make amends.

----------------------------

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Subject: end your life on the spot.
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I want you to understand, that if by design or accident you should ever come within 1500 hundred feet of me, given what I know about you, and given your vile nature, I would consider that a threat to my life, and I would end your life on the spot in self defense, no questions asked.

----------------------------

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Subject: Sleaze with cheese.
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If I ever meet up with you Victim 2, I'm going to name the bones I'm going to break in latin before I break them. What is wrong with her? Is she soft? What the fuck does she see in you you miserable little coward. If you met up with me you'd run. Sleaze with cheese.

-----------------------

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Subject: dead sure, or dead.
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fiesty this am aren't we. You'd better be dead sure, or dead.
---------------------------------

Number of Entries:
3 (2 this visit)
Entry Page Time:
xxxxxx
Visit Length:
23 hours 7 mins 44 secs
Browser:
IE 8.0
OS:
Win7
Resolution:
1600x900
United States Flag
Total Visits:
2
Location:
Peabody, Massachusetts, United States
IP Address:
Comcast Cable (24.91.126.195) Gary Stone
Referring URL:
(No referring link)
Entry Page:
Exit Page:

These days unemployed Stone is spending thousands of hours a year reading, re-reading, and RE-reading this site. Searching desperately for any reason to file a DCMA takedown notice on some article one of the EOPC Team posted; or rewriting and rehashing his expose.

The only one keeping everything going - is GARY STONE.

Stone's Threats, Provocations and Mood Swings


(POSSIBLE TRIGGER WARNING TO ABUSE VICTIMS; STRONG LANGUAGE WARNING ALSO)

What is disturbing about these messages is the extreme-range swings in mood from Stone. His disregard for Victim 1 & 2's minor child; his assumption that Victim 1 wants to speak to him (she didn't); his threats and attempted provocations.

For victims who may already have trauma issues, such as PTSD or even illness - these threats can provoke extreme fear. While some may find these messages from Stone harmless - we can never know when someone this unpredictable may snap..

In 3+ years, Stone simply will not stop. Everything usual has been tried. EOPC even took down his expose by request of his victims for over 2 years; still the emails and accusations continue unabated. Legal remedies against these are currently being further explored by Stone's victims:


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From: "Gary Stone"
To: "Victim 1"
Subject: brat
Date: Mon, 21 Apr 2008 09:00:26 -0400
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fromGary Stone
reply-toGary Stone

date21 April 2008 13:00
subjectbrat
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hide details 21/04/2008 Reply


Fuck [Victim 1 & 2's minor child]! tell Victim 2 I said that. She's a brat. he knows where I live.

---------------------------------

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From: "Gary Stone"
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Subject: heres a twist
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Exploit yer selves change authorship book haha abd sell it yourselves. Er...boob, how r ya? You got Victim 1 in a shit load of trouble with yer changed ways. When i am done with you old chap, they wont let you on the front porch. I hope you don't have designs on that house, i am writing XXXX, and ask her to check my facts son. I will ask her that she should will, under XXXX supervision, that Victim 1 can only live there if you are not involved, she can include me too for all I care. You see son, you don't endanger the people you live with, and, you don't hope to dance on their graves, its a common courtesy. It;s u I want babe. Now you did threaten me, and I am waiting, here i am. No weapons, just natural. fair. u game? boy?

I don't appreciate you sending that to my daughter, and so i have a bone to pick with you, I will let you have first punch it'll be yer last one.

You got a little to cute with me, and I am asking u if you want to dance/ Im here. I wll sign all rights away, you can publish under XXX. XXXX, what do you say> er boob, bob. Victim 2 the acct is mine now, XXXX has another, Victim 1 you gave Victim 2 my daughters email, did Victim 1 make you do it?.Maybe you can hide in Ireland. .Could the irish tolerate the smell? right here youngster,
haha.

--------------------------------------

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Reply-To: "Gary Stone"
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To: Victim 1
Subject: reasons
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hide details 14/06/2008 Reply

You are a pig and a slut. You are amoung the lowest pieces of shit, I have ever encountered. I was re-reading the reasons for the report, and I take back my apology for calling you a cunt. You are a cunt, and worse. I shouln't be apologizing to you for anything, you pathetic skank. Street walker have more ethics than you do...

----------------------------

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I am calling you, I think you want to talk, but you are afraid, dont be afraid, I wont beat you up.

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Subject: Re: discuss this with me>
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I wont beat you up. Please talk.

-----------------------------

On Sat, Jul 19, 2008 at 2:33 PM, Gary Stone wrote:

> I would like to talk if you feel this book misrepresents you.

------------------------------

On Sat, Jul 19, 2008 at 2:31 PM, Gary Stone wrote:

>> IM back, I have a little while. Will you discuss this with me or will you
>> stay in the shadows you have grown used to? I have coffee and I am ready to
>> talk. I am going to forward a non response from you to garderner, and remind
>> him, that in his presence you did not pose and an objection to this. I
>> really only want to make you suffer consequences equal to the damage you
>> have done to me, an mine. And move on. I dont have any love feelings
>> anymore, or hate feelings. I cant rationalize positive feelings, and hatred
>> only hurts me. But you are not forgiven obviosly, and thats because you wont
>> make amends.

----------------------------

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From: "Gary Stone"
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Subject: end your life on the spot.
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I want you to understand, that if by design or accident you should ever come within 1500 hundred feet of me, given what I know about you, and given your vile nature, I would consider that a threat to my life, and I would end your life on the spot in self defense, no questions asked.

----------------------------

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From: "Gary Stone"
To: Victim 2
Subject: Sleaze with cheese.
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If I ever meet up with you Victim 2, I'm going to name the bones I'm going to break in latin before I break them. What is wrong with her? Is she soft? What the fuck does she see in you you miserable little coward. If you met up with me you'd run. Sleaze with cheese.

-----------------------

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Subject: dead sure, or dead.
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fiesty this am aren't we. You'd better be dead sure, or dead.
---------------------------------

Number of Entries:
3 (2 this visit)
Entry Page Time:
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United States Flag
Total Visits:
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Location:
Peabody, Massachusetts, United States
IP Address:
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Exit Page:

These days unemployed Stone is spending thousands of hours a year reading, re-reading, and RE-reading this site. Searching desperately for any reason to file a DCMA takedown notice on some article one of the EOPC Team posted; or rewriting and rehashing his expose.

The only one keeping everything going - is GARY STONE.

Monday, August 17, 2009

Pastor Arrested for Cyberstalking Former Congregant

Christian Come On

By Bob Allen

MARSHALL, Texas -- A pastor active in the Cooperative Baptist Fellowship has resigned from his church amid allegations that he sent inappropriate e-mails to a woman who once attended the congregation.

The Caddo Parish Sheriff's Office in Shreveport, La., issued a press release Aug. 11 reporting that Matthew Darren Wood, 38, of Marshall, Texas, turned himself in after being issued a misdemeanor summons for cyber-stalking. He is accused of sending several anonymous e-mails of a sexual nature to a 21-year-old Shreveport woman one day this past March.

On Aug. 5 Wood resigned as pastor of Central Baptist Church in Marshall, according to church administrator David Simpson. Simpson referred other questions to law enforcement officials.

Wood, pastor at the church since 2004, said because it is a pending legal matter, he has been advised not to discuss the charge until it is disposed.

Wood is a graduate of Baylor University's George W. Truett Theological Seminary and earned a doctorate from the Graduate Theological Foundation at Notre Dame University.

He is active in Current, a young leaders' network that supports the CBF and seeks to connect younger Baptists to its work.

He also has been part of a pastor-peer group in the CBF Initiative for Excellence in Ministry, a six-year-old program funded by the Lilly Endowment.

Before coming to Marshall, Wood was pastoral resident at First Baptist Church in Athens, Texas (1997-1998); pastor of First Baptist Church in Mertens, Texas (1997-1998); and pastor of Central Baptist Church in Mineral Springs, Ark. (2000-2004).

Louisiana's cyberstalking law makes it a crime to e-mail or electronically communicate words or language that threaten, harass or make false statements about another person. If convicted, a first offense is punishable by a fine of up to $5,000 and/or up to a year in jail.



original article here

Pastor Arrested for Cyberstalking Former Congregant

Christian Come On

By Bob Allen

MARSHALL, Texas -- A pastor active in the Cooperative Baptist Fellowship has resigned from his church amid allegations that he sent inappropriate e-mails to a woman who once attended the congregation.

The Caddo Parish Sheriff's Office in Shreveport, La., issued a press release Aug. 11 reporting that Matthew Darren Wood, 38, of Marshall, Texas, turned himself in after being issued a misdemeanor summons for cyber-stalking. He is accused of sending several anonymous e-mails of a sexual nature to a 21-year-old Shreveport woman one day this past March.

On Aug. 5 Wood resigned as pastor of Central Baptist Church in Marshall, according to church administrator David Simpson. Simpson referred other questions to law enforcement officials.

Wood, pastor at the church since 2004, said because it is a pending legal matter, he has been advised not to discuss the charge until it is disposed.

Wood is a graduate of Baylor University's George W. Truett Theological Seminary and earned a doctorate from the Graduate Theological Foundation at Notre Dame University.

He is active in Current, a young leaders' network that supports the CBF and seeks to connect younger Baptists to its work.

He also has been part of a pastor-peer group in the CBF Initiative for Excellence in Ministry, a six-year-old program funded by the Lilly Endowment.

Before coming to Marshall, Wood was pastoral resident at First Baptist Church in Athens, Texas (1997-1998); pastor of First Baptist Church in Mertens, Texas (1997-1998); and pastor of Central Baptist Church in Mineral Springs, Ark. (2000-2004).

Louisiana's cyberstalking law makes it a crime to e-mail or electronically communicate words or language that threaten, harass or make false statements about another person. If convicted, a first offense is punishable by a fine of up to $5,000 and/or up to a year in jail.



original article here

Tuesday, October 21, 2008

Teacher Fired for Bad Behavior on MySpace

by J. Neuberger

It's not just students who can get into difficulty for school-related blogging.

In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his MySpace page that were deemed "disruptive to school activities."
myspace friends icon Pictures, Images and Photos

Spanierman v. Hughes
In Spanierman v. Hughes, 2008 U.S. Dist. LEXIS 69569 (D. Conn. Sept. 16, 2008), Jeffrey Spanierman, a teacher at Emmett O'Brien High School in Ansonia, Connecticut, created a MySpace page, ostensibly "to communicate with students about homework, to learn more about the students so he could relate to them better, and to conduct casual, non-school related discussions."

One of Spanierman's school colleagues became concerned about the page, which she said contained, among other things, pictures of naked men with "inappropriate comments" underneath them. She was also concerned about the nature of the personal conversations that the teacher was having with the students, and she convinced Spanierman to remove the page, which she considered "disruptive to students."

Spanierman subsequently created a new MySpace page, however, that included similar content and similar personal communications with students. When the colleague learned of the new page, she reported it to the school administration, which placed Spanierman on administrative leave and ultimately declined to renew his teaching contract for the following year. After hearings that he attended with his union representative and later with his attorneys, he received a letter stating that he had "exercised poor judgment as a teacher."


Legal Issues
The discipline of a teacher for conduct outside the classroom raises a number of legal issues, depending upon the circumstances: Is the school public or private? Did the teacher have a contract with the school that gives the teacher rights with respect to job termination? Are there state statutes that impose standards on the teacher, or obligations on the school with respect to teacher discipline? Did the conduct involve expression that may be protected by the First Amendment? Did the conduct have a connection to the school environment?

Spanierman was employed by a public school, consequently, the school's ability to take disciplinary action was limited by both the federal and state constitutions, in particular the First Amendment and the "due process" clause of the Fourteenth Amendment. Spanierman claimed that both his "procedural" and his "substantive" due process rights were violated.

As a non-tenured teacher, Spanierman was more vulnerable to the school's evaluation of his conduct than a tenured teacher might have been.

The nature of the "procedure" to which an individual is entitled under the due process clause depends upon the nature of the right the individual is claiming. The minimum procedure to which an individual is usually entitled is notice and an opportunity to be heard. Spanierman based his procedural due process claim on the Connecticut Teacher Tenure Act, which he claimed gave him certain procedural rights, i.e., a period of notice and a hearing, and termination only for just cause. The court found that Spanierman had received notice and a hearing, but that neither the Connecticut Statute nor the teacher's union-negotiated agreement required a showing of just cause for a decision not to renew a non-tenured teacher's contract.

A claim of substantive due process focuses on the nature of the action taken by government rather than the procedure by which it is undertaken, i.e., whether the governmental action is arbitrary or without justification. The court also rejected Spanierman's substantive due process claim that the public school's action was arbitrary, egregious and outrageous, again relying on Spanierman's non-tenured status, and the fact that non-renewal of a non-tenured teacher's contract was the type of event specifically anticipated in the union-negotiated employment agreement.
Selective Prosecution?

Apparently, Spanierman was not the only teacher in the school with a MySpace page. Accordingly, he made a "selective prosecution" argument, pointing to two other teachers at his school who also had MySpace pages but who had not been disciplined. Spanierman argued that he had been treated differently than his colleagues in violation of the U.S. Constitution's Equal Protection clause. The court dismissed that claim on purely legal and on factual grounds, i.e., that Spanierman failed to show that the other teachers had contact with students via their MySpace pages. Consequently, the court concluded, the situations of the other teachers were not analogous to Spanierman's (they were not "similarly situated") and therefore he had not been treated differently in comparison to them.

Spanierman's free speech claim was rejected as well. Although the U.S. Supreme Court has recognized that both students and teachers retain free speech rights in the school environment, those rights are not unrestricted. See, for example, Morse v. Frederick, 127 S. Ct. 2618 (2007), the "Bong Hits for Jesus" case, where the U.S. Supreme Court famously upheld the discipline of a student for unfurling a banner containing a pro-drug message at a school-sponsored event, on the grounds that the banner violated a school policy against the display of material advertising or promoting the use of illegal drugs.
Disruptive to School Activities
bong hits 4 Jesus Pictures, Images and Photos

The school district judged that Spanierman's behavior on his MySpace page was "likely to disrupt school activities." It is on this point that the court drilled down to Spanierman's contacts with his students. Excerpts of a number of exchanges with students were included in the opinion. And while to some these exchanges may seem innocuous, the court concluded as follows:
In the court's view, it was not unreasonable for the Defendants to find that the Plaintiff's conduct on MySpace was disruptive to school activities. The above examples of the online exchanges the Plaintiff had with students show a potentially unprofessional rapport with students, and the court can see how a school's administration would disapprove of, and find disruptive, a teacher's discussion with a student about "getting any" (presumably sex), or a threat made to a student (albeit a facetious one) about detention.

Moreover, there is evidence of complaints about the Plaintiff's MySpace activities. For example, in her affidavit, Ford states that Emmett O'Brien students informed her of the Plaintiff's MySpace conduct, which made some of them "uncomfortable."...It is reasonable for the Defendants to expect the Plaintiff, a teacher with supervisory authority over students, to maintain a professional, respectful association with those students. This does not mean that the Plaintiff could not be friendly or humorous; however, upon review of the record, it appears that the Plaintiff would communicate with students as if he were their peer, not their teacher. Such conduct could very well disrupt the learning atmosphere of a school, which sufficiently outweighs the value of Plaintiff's MySpace speech.

Nothing New?
It's possible to view the Spanierman case as a cautionary tale on using new forms of communication in the educational environment. Spanierman said he intended to use his MySpace page to better relate to his students; indeed the case demonstrates that such a page can facilitate easy communication between teachers and students. But it is that easy familiarity that, in the view of the school district, drew Spanierman over the line between acceptable discourse and inappropriate communications. The severity of the punishment may also reflect an institutional discomfort with a new means of student-teacher communication that is outside the channels customarily controlled by the school district.

And, of course, the Spanierman case could also be viewed as a simple case of inappropriate communications with students, regardless of the medium involved. Although reasonable minds may differ on whether Spanierman's communications warranted the discipline he received, the court ruled that, under the circumstances, it was the school district's call to make.

It's Not the First, and It Won't Be the Last
This is not the first case in which a teacher, or an aspiring teacher, was discharged or disciplined for conduct involving a MySpace page. In another recent case, the so-called "drunken pirate" case, a teacher in training was denied a teaching degree just prior to her graduation when officials at her teaching school found a photo on her MySpace page showing her in a pirate hat, drinking alcohol. In Snyder v. Millersville University, filed in federal court in Pennsylvania (the case documents are available here), there was apparently no contact with students, and it is disputed whether any students at the school ever saw the photo or the MySpace page. The school district contends that Snyder's conduct as a student teacher was unprofessional in ways unrelated to her MySpace page.

The Snyder case is also complicated by the question of whether the aspiring teacher should be treated under the legal standards applicable to student conduct or the standard applicable to teacher conduct. Snyder v. Millersville appears to be heading for trial. It will be interesting to see if the result in the case differs from that in Spanierman.

The Bottom Line
Both the Spanierman and Snyder cases are a subset of a larger category of disputes that involve posting in online forums, blogs and social networking sites. Regardless of the rights implicated, these cases remind us to be mindful of the ramifications that may flow from online personal expression that is readily accessible to students, co-workers, and employers.

Jeffrey D. Neuburger is a partner in the New York office of Proskauer Rose LLP, and co-chair of the Technology, Media and Communications Practice Group. His practice focuses on technology and media-related business transactions and counseling of clients in the utilization of new media. He is an adjunct professor at Fordham University School of Law teaching E-Commerce Law.


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