AP College Board Scandal | Response to TikTok Questions

#tiktok #collegeboard #aptest

My TikTok followers asked for a longer response regarding the legality of the AP College Board cheating scandal. Check out this video.

-----------------------------------------------------------------------------------------------------------------
This is the personal video blog of personal injury lawyer Tommy John Kherkher.

Biography:

Personal Injury Attorney Tommy John Kherkher
Managing Partner of The Kherkher Law Firm PLLC | Attorney at Kherkher Garcia LP
Principal office is in Houston, Texas. Licensed in Texas(see below).

Primarily focused on representing individuals who have suffered catastrophic and high-damage personal injuries.
-----------------------------------------------------------------------------------------------------------------
Fair Use: All clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

I do not own the music or unoriginal underlying graphics in this video.
-----------------------------------------------------------------------------------------------------------------
DISCLAIMER:

This content is property of Attorney Tom, LLC. Anything stated on ANY form of media, either expressly or implied, is not legal advice, nor can Attorney Tom, LLC, Attorney Tommy John Kherkher, Kherkher Law Firm, PPLC, or Kherkher Garcia LLP give you legal advice. Unless otherwise stated in the specific video referenced, The Kherkher Law Firm, PLLC | Kherkher Garcia, LLP is not advertising the services and products it offers. This content, unless otherwise disclaimed, was not prepared to secure paid professional employment.

Additionally, please be aware that while Attorney Tom, LLC may engage in any and all lawful business for which liability companies may be organized under the Texas Business Organizations Code, Attorney Tom, LLC Is not a law firm. Attorney Tom, LLC is the entity in which handles all “brand” related business ventures (i.e. speaking engagements, consulting, media content creation / revenue, trademarks, etc…) for Attorney Tommy John Kherkher. HOWEVER, any user who submits a legal related inquiry through this site or any other Attorney Tom, LLC communication channel/profile grants permission for the site operators to pass along the inquiry to any law firm affiliated with Attorney Tommy John Kherkher

Attorney Tommy John Kherkher is licensed to practice law in Texas. Personal injury attorney Tommy John Kherkher considers in good faith this social media channel and its content therein as informational, educational, editorial, or political in nature. As such, it is of the good faith opinion of personal injury lawyer Tommy John Kherkher that each "social media post" is not considered commercial speech for the purposes of The Kherkher Law Firm, PLLC , Kherkher Garcia, LLP, or nay other law firm related entitiy and therefore, need not be filed with the Texas Bar's ARC. Further, this channel; has been compiled in good faith by Attorney Tom, LLC. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Attorney Tom, LLC reserves the right to add, modify or delete any information at this channel at any time. This publication and any references to products or services are provided “as is” without any warranty or implied term of any kind. Also, some social media platforms place ads before, during, or after the display of content on their respective web pages, Attorney Tom, LLC does not have any control of such ads that appear and it is in a good faith opinion that Attorney Tom, LLC, Kherkher Law Firm PLLC, Kherkher Garcia LLP, Attorney Tommy John Kherkher, or any relevant entity not have a purposeful relationship with said advertisers nor does Attorney Tom, LLC endorse any product, service, or affiliation in said advertisements. In the event I place an advertisement for a third party, it will be disclaimed in good faith. Nothing contained within this Social Media Channel should be construed as legal advice, or as establishing an attorney-client relationship. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship. Nor do I intend to form a lawyer-client relationship when interacting with others on the internet and in social media outlets. Past performance talked about in any context is no guarantee of future results.

[crowsy]

I'm so glad someone who actually knows about this stuff is talking about it. The amount of armchair lawyers on TikTok is driving me insane

[AttorneyTom]

Also... I totally said "Deffirmative Afense" instead of "Affirmative Defense." I switched the D and the A while I was rambling. lol

[comradehotdog]

What I don't understand is why looking at the subreddit is considered cheating. Like isn't the test open note. Maybe I'm just dumb

[evancraig]

Imagine cheating was criminal in this scenario and college board did what they did, they are government funded in some way. So since that’s not entrapment Bc they are a private company. If the government funds a private entity to entrap some one that would be legal?

[emilysierra]

Omg! I didn't know about this part! I thought it was about to be about how terrible the tests were acting and how people couldn't post.... what the heck.

[luminouskiwi]

The system is fucked up. A lot of kids had trouble submitting their work because their wifi wasn’t working or because computer didn’t let them click “submit”. That’s the last thing someone should be worried about after a 45 minute exam. I just think it’s unfair that they can’t just accept what you wrote if you didn’t submit in time, instead of giving you a 0

[RaveScratch]

Glad to see this. I'll be AT'ing next semester, so I like to follow CollegBoard's antics (as they are pretty ridiculous at times). When I heard students say this is illegal (or even wrong for that matter), I was blown away. Either don't cheat or know enough about the subject that you're able to check the reasonability of your cheated answers.

[poisonpotato]

How is this different than unmarked police. Or using bait cars?

[FirstLast-gwmg]

This also couldn't be entrapment for yet another reason. Assuming for the sake of argument that we are holding the AP to the same standards as law enforcement (even though they're not) and that we're treating cheating as if it were a crime (even though it's not), the AP weren't enticing students to cheat who otherwise wouldn't have cheated. The students were already trying to cheat, they found answers to the test and used them, and got caught.

Using criminal standards this is no different from if someone who wants to bomb a building goes online to buy bomb-making materials and unknowingly comes into contact with an undercover fed. If the feds sell him a fake bomb, that is not entrapment; the feds did not entice him to commit a crime that he wasn't already going to commit. If he hadn't bought a fake bomb from undercover feds he presumably could have purchased a real bomb as that was his goal. Therefore it's not entrapment.

tl;dr: going online to find answers to your test is cheating; if you fail because you found fake answers that were deliberately put online for would-be cheaters to find, that isn't entrapment.

[starcat_]

is it legal for them to watch us through the webcam/ listen to us through the microphone?

[miless]

We need an entrapment 2 that applies to private entities

[PulseFIare]

Basically its not illegal, but still a shitty thing to do.

[mackk]

So... it’s not illegal, but it *is* a dick move