cyberbulling
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Jan 9, 2024
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Cyberbullying and the First Amendment
Dorothy Haughton
College of Education: POS-500
Tyson Cullimore
November 15th 2023
Introduction
Educators in the modern digital age must deal with bullying that occurs in virtual as well as physical spaces. Cyberbullying takes place through text messages, chatrooms, emails, and online gaming communities. If teachers or any school staff does not report any form of bullying incidents, important legal and ethical questions are raised by the possibility that more and more students will be bullied online as the use of social media grows. This essay will outline the procedures that should be followed by educators in response to a student's report of cyberbullying on a fellow student's Facebook page, taking into account relevant state laws, school board policies, guidelines for faculty, and the student handbook. In addition, it will discuss possible First Amendment defenses the student with the Facebook page might make and offer suggestions for responses in line with applicable legal precedents.
Legal and Policy Framework
When a student engages in bullying, a teacher has responsibilities to take certain actions. The
anti-bullying policies outlined in the school handbook should be consistent with applicable laws.
As a teacher, I am required to take action if a student informs me that they have been the target
of Facebook bullying by a fellow student. The Eastside Charter student handbook recommends
four actions to be taken in response to a bullying report. The investigation, notification,
punishment, and monitoring are the four components of this process. The occurrence of any of
the following;
Cyberbullying is defined as "any form of cyber-based harassment, including but not limited to
electronic, written, verbal, or physical harassment, that is (1) directed at another student(s) or
staff member(s), (2) committed in a school setting*, (3) of a severe, persistent, or pervasive
nature, and (4) that has the effect of doing any of the following
" (Eastside Handbook). Teachers
should follow these procedures to investigate bullying incidents, identify perpetrators, and
evaluate their effects on victims. Disciplinary measures at school may include anything from
counseling and education for the offender to suspension and expulsion, depending on the nature
and severity of the offense
.
First Amendment Considerations
Teachers addressing cyberbullying should be cognizant of the First Amendment concerns raised
by the student whose Facebook page is the subject of the investigation. The First Amendment's
protection of free speech is often cited as evidence that social media content should be left alone
.
Freedom of speech, expression, press, petition, assembly, and religion are the five basic
freedoms in the First Amendment. "Express opinions without government censorship or control"
(U.S. Const. Amend. I) is something that person could say. This means that if a student uses
words to pick on, bother, or scare another student, the school has been violated. Everyone has the
rights protected by the First Amendment, but if actions or words were used in a bad way, those
rights were not being used properly.
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Responses to First Amendment Arguments
Educators, when countering claims based on the First Amendment, can reference applicable case
law to show where free speech is restricted. Unless it significantly disrupts the educational
environment, student speech is protected, as established by the landmark case Tinker v. Des
Moines Independent Community School District (1969). Educators have a right to step in if the
cyberbullying incident disrupts the school community.
It was also made clear in the case of Bethel School District v. Fraser (1986) that students can be
punished for using inappropriate language in school. If the material shared on the Facebook page
fits this description, teachers can argue that it crosses the line into unprotected expression.
Conclusion
Educators face a tangled web of legal and ethical considerations when confronting cyberbullying
on a student's Facebook page. Educators can guarantee a just and complete investigation by
following the procedures laid out in relevant state statutes, school board policies, and faculty and
student handbooks. In order to strike a balance between the need to keep students safe and the
need to uphold the principles of free speech within the constraints of an educational setting, it is
essential to be familiar with potential First Amendment arguments and to be able to respond to
them effectively
.
References
NCES, 2021 https://nces.ed.gov/programs/coe/indicator/a10/bullying-electronic-bullying
Eastside charter Bullying+Prevention.pdf https://static1.squarespace.com/static/64107cf344091444a968359b/t/649b88992be81c73e87bd17e/
1687914649861/Bullying+Prevention+Policy.pdf
U.S. Const. Amend. I.
Tinker vs Des Moines ind (1969)
https://advance-lexis-com.lopes.idm.oclc.org/api/permalink/7e650c96-7edf-4de0-a3e1-59640a41a75f/?
context=1516831
Bethal. Sch. Dist. vs Fraiser (1986)
https://advance-lexis-com.lopes.idm.oclc.org/api/permalink/cfd56714-d0df-4654-b137-425f5706a1b8/?
context=1516831