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 “YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SITE CONTENT REMAINS WITH YOU.”  (yes, this is in ALL CAPS right in their TOU for a reason).   And then, there is this: “you agree to defend, indemnify, and hold Cold Brew Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Application, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.”   This “defend and indemnify” stuff means that if some photographer out there decides that he or she does not want you using that photogs images as “inspiration” or otherwise and decides to sue you and Pinterest over your use of that photog’s images, you will have to hire a lawyer for yourself and YOU will have to hire a lawyer for Pinterest and fund the costs of defending both of you in court. 

The real issue, of course, is not social media but learning.  Specifically, the fact that our schools are disconnected from young learners and how their learning practices are evolving.  The decision to block social media is inconsistent with how students use social media as a powerful node in their learning network.  Can social media be a distraction in the classroom?  Absolutely.  Will some students access questionable content if given the opportunity?  Yes.  But many students use social media to enhance their learning, expand the reach of the classroom, find the things they ‘need to know,’ and fashion their own personal learning networks.

Because social media is such a big part of many students social lives, cultural identities, and informal learning networks schools actually find themselves grappling with social media everyday but often from a defensive posture—reacting to student disputes that play out over social media or policing rather than engaging student’s social media behaviors.