Cyberbullying and the First Amendment

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Grand Canyon University *

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500

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Jan 9, 2024

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CYBERBULLYING AND THE FIRST AMENDMENT 1 Cyberbullying and the First Amendment Cierra Johnson, POS-500 Grand Canyon University April 14, 2023

CYBERBULLYING AND THE FIRST AMENDMENT 2 Cyberbullying and the First Amendment Cyberbullying is defined as repeated harassment from one user to the next via electronic means (Luker & Curchack, 2017). Technology is becoming more advanced, and in the world of education, technology has taken over the way students perceive life. Schools now use Chromebook’s as a form of completing work and sometimes the freedoms of the internet, social media and overall technology gives students a platform to speak vocally. With the advances in technology comes the disadvantages, cyberbullying. Today, educators are given strict policies on how to deal with cyberbullying, in doing so however, teachers must acknowledge the First Amendment and decide whether cyberbullying in some instances is just expression or harassment. At Perris Union High School District in California, cyberbullying means “posting of harassing messages, direct threats, social cruelty, or harmful text or images on the Internet, social networking sites, or other digital technologies, as well as breaking into another person's account and assuming that person's identity in order to damage that person's reputation or friendships” (PUHSD, 2021 pg.14). Educators must follow steps that can prevent or address cyberbullying. Under California laws, California educators and staff most document cyberbullying instances and act immediately as cyberbullying is a crime and strictly prohibited (Stopbullying.gov, 2023). The first steps would be to address it within the students and alert administration. After alerting administration following up with a written email or written document of the incident follows immediately after. Also, the student who is being cyber bullied should talk separately with administration and counselors along with all parties’ parents or guarding being notified. Sometimes,

CYBERBULLYING AND THE FIRST AMENDMENT 3 students do not have clear indications of cyberbullying and their first amendment rights and sometimes they feel expressive and not offensive, clear lines of the two distinctive actions should be acknowledged. Students may make arguments about cyberbullying to defend their actions. Some arguments made could be “it’s my social media account, I should be able to post what I want”, another argument might sound like “I was just voicing my opinion, I didn’t mean it like that”. These responses are common for students into today’s climate of advance technology because they think they will not be held accountable for cyberbullying or even view harmful posts as a form of cyberbullying. In the case of Bell v. Itawamba County School Board of 2015, the decision supported the school district because Bell used disruptive and threating language to accuse two coaches of inappropriate verbal behaviors of African American Students (Green, 2016). The student felt that through his music, which was posted outside of school networks was expressive and helping other students; instead, the choice to suspend the student did not violate his first amendment rights for free speech because it satisfied the substantial disruption standard (Green, 2016). In Conclusion, cyberbullying has laws that prevents the dangers of hurting people online. Consequences are stated clearly in student handbooks, and educators have a set of rules they must follow to ensure student safety. As far as cyberbullying, it is prohibited by everyone, staff included. Often, educators must look at students and protect them from any bullying, but this also must be accounted for with staff, educators, and administration. Everyone has clear boundaries they cannot cross in education, although the consequences for each instance may look

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CYBERBULLYING AND THE FIRST AMENDMENT 4 different depending on an individual occurrence, there is still accountability that districts take seriously to hopefully prevent further cyber bullying instances. Green J.D. Lee (February 10 th , 2016). Cyberbullying: challenging legal issues for schools. https://www.nfhs.org/articles/cyberbullying-challenging-legal-issues-for-schools/ Luker, J. M., & Curchack, B. C. (2017). International Perceptions of Cyberbullying Within Higher Education. Adult Learning , 28 (4), 144–156. https://doi- org.lopes.idm.oclc.org/10.1177/1045159517719337 Perris Union High School District PUHSD 2021. Perris High School Handbook . https://www.puhsd.org/docs/building/1/depts/84/phs%20student%20handbook%202020-21.pdf? id=4534 Stopbullying.gov (n.d. 2023). California anti-bullying laws and policies . https://www.stopbullying.gov/resources/laws/california

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Cyberbullying and the First Amendment

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