Facebook Court Case Studies & Examples- Charlotte MacKinnon

Ashley Payne, a 24 year old teacher from Georgia, was forced to resign from her teaching job after posting the picture above on her Facebook in 2009.  Payne is holding a glass of wine and a glass of beer in the photograph from a recent trip to Europe.  David McGee, the school principal, claimed that Payne “violated warnings ‘unacceptable online activities’ because the photo ‘promoted alcohol use,’ and her page also ‘contained profanity’” (CBSnews). 

Payne was told a parent of a student complained about Payne’s Facebook content to the principal.  Payne’s Facebook was private and she had never thought any student, parent, or fellow teacher would be looking at her photographs.  Payne was given the choice to either resign or be suspended; Payne chose to resign.  Payne later found out that no parent had called and complained, but that an anonymous email was sent to the principal about her photographs. 

Payne filed suit against the school shortly after resigning.  The Judge of the case later ruled against Payne, claiming that Payne’s writ of mandamus, lacked merit; the main reason was that her contact had already expired.  Georgia law tends to side with the employers in cases where employee resignation is forced (Downey).