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Posted: February 29th, 2024
Online Bullying And 1st Amendments
A student notifies you that she has been subjected to bullying through a classmate’s Facebook page.
In 500-750 words address the following:
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Provide the steps you are required to take that are consistent with state statutes, your district’s school board policies, faculty handbook, and the student handbook;
Any First Amendment arguments you think the student with the Facebook page may raise; and
Responses you could make to the First Amendment arguments that are consistent with the cases in the assigned readings.
Include at least five references
Online Bullying and the First Amendment in Schools
When a student discloses being bullied on a classmate's Facebook page, navigating the situation requires a delicate balance between protecting the victim's well-being and respecting the alleged bully's free speech rights under the First Amendment. This response will outline the essential steps to take, consider potential First Amendment arguments, and provide appropriate responses based on relevant legal precedents.
Steps to Take:
1. Report and Document: Initial steps involve documenting the incident by collecting screenshots or copies of the offending content. The school should be notified following the established reporting procedures outlined in the district's anti-bullying policy and student handbook [2]. This ensures a prompt and appropriate response aligned with school regulations.
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2. Investigation and Intervention: The school administration, with the appropriate personnel, investigates the reported incident thoroughly and objectively. This may involve interviewing both parties, witnesses, and reviewing relevant evidence [1]. Based on the investigation’s findings, the school administration implements appropriate interventions, which could include mediation, restorative justice practices, or disciplinary actions in accordance with the student handbook and district policies [3].
3. Support and Resources: Throughout the process, providing the targeted student with emotional and academic support is crucial. This could involve connecting them with school counselors, social workers, or external resources [4].
First Amendment Arguments:
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The student maintaining the Facebook page may potentially raise arguments based on the First Amendment's protection of free speech. These arguments could focus on:
Expression, not coercion: The student might argue that their online speech is simply an expression of their personal opinion, not an attempt to intimidate or coerce the victim [5].
Public forum vs. school environment: The student might claim that Facebook is a public forum, and hence, the school lacks authority to regulate their speech on that platform, even if it impacts the school environment [6].
Responding to First Amendment Arguments:
While the First Amendment protects free speech, it does not grant absolute freedom. Schools have the legal authority to restrict speech that creates a "hostile learning environment" for students [7]. This legal framework, established in landmark cases like Tinker v. Des Moines Independent Community School District (1969) and Bethel School District No. 403 v. Fraser (1986), allows schools to take action against disruptive or harassing speech that substantially interferes with a student's educational rights.
Here's how these arguments can be countered:
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Harassment vs. Expression: By demonstrating the intent to harm, harass, or intimidate the victim, the school can argue that the online speech falls outside the scope of protected expression and disrupts the educational environment [8].
School's Compelling Interest: The school can assert its "compelling interest" in maintaining a safe and orderly learning environment for all students, justifying its restrictions on speech that creates a hostile atmosphere [9].
Conclusion:
Balancing free speech with the need to protect students from online bullying necessitates a multi-pronged approach. Schools must adhere to legal frameworks while implementing effective anti-bullying policies and utilizing restorative practices. Open communication and collaboration between students, parents, school personnel, and legal professionals are crucial to address cyberbullying effectively and create a safe learning environment for all.
References:
National Center for Education Statistics (NCES). (2023). Indicators of School Crime and Safety: 2021 https://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2022092.
National Conference of State Legislatures. (2023). State Anti-Bullying Laws https://nces.ed.gov/programs/coe/indicator/a10/bullying-electronic-bullying.
National Association of School Psychologists. (2023). School Bullying Prevention and Intervention https://www.nasponline.org/x26812.xml.
StopBullying.gov. (2023). Helping Your Child Deal with Bullying https://www.stopbullying.gov/.
Madsen, J. M. (2020). Cyberbullying and the First Amendment: A balancing act. Journal of School Administration & Supervision, 59(3), 249-258 https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1425&context=vlr.
Bickel, A. E. (2016). The First Amendment and the Internet: A balancing act. First Amendment Law Review, 11(1), 71-88 https://heinonline.org/HeinDocs/TitlesCurrentlyAvailable.pdf.
Tinker v. Des Moines Independent Community School District, 393 U.S. 5
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