POS_ 500 Topic 6 Cyberbullying and the First Amendment Deandra Procassini
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Apr 3, 2024
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Addressing Cyberbullying: Protecting Students' Rights and Well-Being
Deandra Procassini
Grand Canyon University: POS-500
July 3, 2023
"Cyberbullying can be done anonymously, which makes it easier for perpetrators to
harass their victims. Furthermore, it can reach a larger audience than traditional bullying since it
can be spread across multiple digital platforms. This results in more people being exposed to
cyberbullying and increases the potential for the victim to feel overwhelmed and isolated."
(National Centre Against Bullying, 2020). As educators, we are responsible for responding
promptly and effectively to such incidents, ensuring the safety and well-being of all students
involved. This essay outlines the steps to address cyberbullying under state statutes, district
policies, and faculty and student handbooks. Additionally, it explores potential First Amendment
arguments that the student responsible for the Facebook page may raise. It also explores
appropriate responses based on relevant legal cases.
"Cyberbullying is the most damaging bullying type. Messages and photographs may be
distributed in seconds to hundreds, if not thousands, of peers, and this information is
irretrievable." (Films Media Group, 2011, 12:32). To address cyberbullying effectively, we must
follow established school policies and procedures.
Firstly, providing reassurance and support to the victimized student is crucial. The
National Centre Against Bullying (2020) states, "Bullying is an ongoing and deliberate misuse of
power in relationships through repeated verbal, physical, and/or social behavior that intends to
cause physical, social, and/or psychological harm." Acknowledging their experience and
commending their courage in reporting the incident establishes trust and encourages open
communication. By validating their feelings, we empower them and convey that they have done
nothing wrong.
Secondly, documenting the incident is essential. Encourage the student to gather
cyberbullying evidence, such as screenshots or saved messages. "Over 160,000 kids skip school
daily to avoid harassment." (Films Media Group, 2011, 12:32). These records serve as crucial
evidence during investigations and help ensure reported incidents' accuracy.
Next, promptly report the incident to the appropriate school authorities, such as the
principal or relevant administrators. "Any complaint of bullying shall be investigated and, if
determined to be discriminatory, resolved in accordance with law and the district's Uniform
Complaint Procedures." (Brentwood et al. District, 2013). A detailed account of cyberbullying
and any supporting evidence should be provided. This ensures that the incident is taken seriously
and initiates the necessary actions for investigation and intervention.
Another critical element is to include parents or guardians. The problem should be
communicated to the victim's parents and the student in charge of the Facebook page.
Transparency and collaboration between the school and family establish a cohesive strategy for
tackling cyberbullying and help students who have been harmed.
Once the incident has been reported, the school should conduct a thorough investigation
per district policies and procedures. "School officials may restrict a student's freedom of
expression if the bully's behavior causes significant disruption." (Green, L., 2016). This inquiry
investigates cyberbullying and identifies those participating. Suppose the student in charge of the
Facebook page violates the district's zero-tolerance policy. In that case, disciplinary steps such as
referral to a Bully Solutions Coach, alternative placement, suspension, or expulsion should be
pursued.
When dealing with cyberbullying issues, it is critical to anticipate any First Amendment
arguments raised by the student responsible for the Facebook page. Consideration of these issues
and appropriate responses are critical for balancing students' rights and ensuring a safe learning
environment.
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One popular argument is free expression. The student in question may claim that their
First Amendment rights protected their actions. However, it is critical to recognize that freedom
of expression is not unlimited and can be restricted under some circumstances. "The U.S.
Supreme Court in Tinker is that schools can limit student speech that 'materially and
substantially interferes with the requirements of appropriate discipline in the operation of the
school.'" (Green, L., 2016). If the student's cyberbullying activity materially and significantly
affects school operations, the school may limit the student's freedom of expression.
The Tinker legal test established by the Supreme Court in Tinker v. Des Moines
Independent Community School District (1969) must be used. This guideline allows schools to
regulate student speech which creates a severe disturbance. "Supreme Court decision Tinker v.
Des Moines Independent Community School District established the Tinker legal standard in
1969." (Green, L., 2016). To resolve a First Amendment claim, the school must show that the
cyberbullying episode caused significant disruption or that the speech caused a reasonable
projection of considerable harm.
Off-campus cyberbullying episodes can nevertheless cause considerable disruptions,
according to precedent decisions such as Rosario v. Clark County School District (2013) and
Kowalski v. Berkeley County Schools (2011). These rulings give schools the right to intervene
and sanction students who engage in cyberbullying, even if instances occur outside school
grounds.
Combating cyberbullying requires a multifaceted strategy that promotes kids' rights and
well-being. Educators can effectively address cyberbullying events by following the processes
indicated in state legislation, district rules, and staff and student handbooks. Furthermore,
schools may maintain a safe and supportive learning environment for all students by knowing
possible First Amendment issues. They may also respond appropriately based on pertinent
judicial precedents.
References
Documents | Brentwood Union School District. Brentwood Union School District. (2021).
https://www.brentwood.k12.ca.us/documents/departments/human-resources/classified/463441
Films Media Group. (2011). Abc's of bullying prevention: A comprehensive schoolwide
approach k-8—Administrators & pupil services version. Films On Demand.
https://fod.infobase.com/PortalPlaylists.aspx?wID=96349&xtid=60350.
Green, L. (2016). Cyberbullying: Challenging Legal Issues for Schools. Retrieved from
https://www.nfhs.org/articles/cyberbullying-challenging-legal-issues-for-schools/
National Centre Against Bullying (2020). Definition of bullying. Retrieved from
https://www.ncab.org.au/bullying-advice/bullying-for-parents/definition-of-bullying/
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