Cyberbullying and the First Amendment
Education
Title: Cyberbullying and the First Amendment
Paper instructions:
A student notifies you that she has been subjected to bullying through a classmate’s Facebook page. In 500-750-words, address the following:
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
Cyberbullying and the First Amendment
Introduction
The relationship between cyberbullying and the first amendment provides critical discussion about the limits of the first amendment. The case scenario shows that the student is abusing the privileges of the first amendment. The first amendment indicates that Congress cannot make laws that interfere with the right of the people to assemble, share opinions, or ascribe to religious beliefs. The exercise of the first amendment is allowed as long as it does not interfere with the lives of others. The first step in addressing the crisis is collecting information and engaging the stakeholders in the scenario. The paper aims to examine the first amendment and cyberbullying using a case study in school.
Steps you are required to take that are consistent with state statutes, your district’s school board policies, faculty handbook, and the student handbook
The first step is collecting information about the incident. It is vital to ensure a student follows the appropriate bullying reporting protocol. Collecting information helps a teacher to determine how to proceed with the incident. The teachers should learn about the incident to help them provide additional information. It is vital to inform the parents of both students. The school safety officer should learn about the incident for appropriate response. Collecting the information and engaging the stakeholders increases the capacity to make the right decision. For instance, informing the parents and the safety officer will prevent future bullying incidents. Engaging the stakeholders will be critical in determining the next course of action.
Any First Amendment arguments you think the student with the Facebook page may raise
The First Amendment indicates that Congress cannot make laws restricting religious, assembly, right to petition, expression, and freedom of speech (Lakier, 2020). Facebook posts are protected under the first amendment. However, the student may be liable for legal action if the Facebook posts impede another student’s life. For instance, if the posts cause disruption at school or unrest, the student may be liable for legal action. It is important to note that the first amendment does not allow people to interfere with the public interest (Springer, 2018). For instance, individuals cannot use the freedom of speech to slander others. Bullying is one of the sources of suicide among high school students. Preventing the adverse outcomes of bullying requires stern action to prevent abuse of the first amendment.
Responses you could make to the First Amendment arguments that are consistent with the cases in the assigned readings
The first amendment does not protect the student when the content of the Facebook page violates the school’s public interest. The content has severe effects on the school and the individual student. For instance, the content can cause death, depression, or poor academic performance. Research shows that bullying significantly affects social lives and academic performance (Springer, 2018). The case readings show that online platforms such as Facebook can affect the lives of millions of students who have access to social media platforms.
Conclusion
Facebook posts are protected under the first amendment. However, the student may be liable for legal action if the Facebook posts impede another student’s life. The student should be mindful of the welfare of others. Cyberbullying can cause death or mental illnesses which leads to violation of the first amendment. The consideration shows that people violating the first amendment are liable for legal prosecution.
References
Lakier, G. (2020). The Non-First Amendment Law of Freedom of Speech. Harv. L. Rev., 134, 2299.
Springer, M. A. (2018). Warning: Speak at Your Own Risk: First Amendments on Off-Campus Physical, Emotional, or Cyber Bullying. U. Cin. L. Rev., 86, 849.
