Here’s the scenario: a high school student, upset with her teacher, creates a Facebook page dedicated to criticizing that teacher. The school suspends her for three days, citing cyberbullying. The student claims this violates her First Amendment rights and goes to court. The principal asks that the court dismiss the case. But the court rules that indeed the suspension did impinge on the girl’s rights and she is now free to pursue a lawsuit against the school, seeking a “nominal fee” and the erasure of the suspension from her record.
The case, covered in this New York Times article, highlights the difficulties facing educators who try to balance freedom of speech issues with Internet safety concerns. How can educators protect students and staff from harmful online behavior while at the same time make sure that students and staff are free to express themselves? Can any one law or policy help guide educators, or does this all need to be dealt with on a case by case basis?
February 26th, 2010 at 11:06 am
When it comes to public insults and harassment there is supposed to be no freedom of speech. Unfortunately, right now, Cyberbullying is a big loophole; it needs to be classified as slander and libel. The problem is that the Internet is a safe haven for bullies because of the anonymity. There is not a more cowardly way to bully someone then from behind a curtain. But parents are the key. Parents need to get involved in helping solve the cyberbullying problem. If parents cared enough about their child being the bully or passing along the material as much as they care when their child is a victim, it would be a huge step forward. But then, of course, how do you know if your child is involved in cyberbullying? You need to monitor their Internet activity.