Posted: September 19th, 2023

Cyberbullying and the First Amendment

Cyberbullying and the First Amendment

Paper instructions:
A student notifies you that she has been subjected to bullying through a classmate’s Facebook page.

Write an essay of 500-750 words in which you address the following:

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.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to LopesWrite. A link to the LopesWrite technical support articles is located in Class Resources if you need assistance.

Rubric Criteria

Mechanics of Writing
5 points

Responses You Could Make to the First Amendment Arguments
25 points

Format/Documentation
5 points

Required Steps
25 points

Any First Amendment arguments you think the student with the Facebook page may raise.
20 points

Evidence
5 points

Thesis, Position, or Purpose
7 points

Development, Structure, Conclusion and 500-750-word count
8 points

Addressing bullying is important to ensure all students feel safe and supported in their learning. Here is how I would respond based on our school’s policies and legal obligations:
Required Steps:
As a teacher, the first step would be to meet with the student who reported the bullying to get details about what occurred and how it made them feel. I would document the report to have a record. Next, I would need to notify the principal or appropriate administrator per our school board policy. Our policy states teachers must report any instances of suspected bullying.
The administrator would then need to investigate by reviewing the Facebook page, speaking to both students involved, and any witnesses. This helps establish if the online post constitutes bullying as defined by state law and school policy. If confirmed as bullying, the administrator would determine appropriate consequences for the offending student consistent with our code of conduct.
Potential First Amendment Arguments:
The student with the Facebook page could argue their post is protected free speech under the First Amendment. However, schools can regulate some speech if it would substantially disrupt the learning environment or infringe on others’ rights. Relevant case law establishes schools have more authority to restrict student speech occurring on campus or at school functions versus off-campus speech.
Responses to First Amendment Arguments:
While students have free speech rights, courts have ruled schools can discipline speech that causes a substantial disruption or infringes on others. Even if the post was created off-campus, if it is aimed at and causes harm to another student during school hours or activities, schools can intervene consistent with Tinker v. Des Moines. If the post bullies or harasses another student based on traits like race or disability, it would not be protected under Supreme Court rulings like Saxe v. State College Area School District. Schools have an obligation to protect students from harassment and ensure their right to an education in a safe, non-hostile environment.
I hope this overview helps explain the process I would need to follow according to our policies and the law. My priority is addressing the bullying report and making sure all students feel safe and supported at school. Please let me know if you need anything else. I can also connect you with additional counseling or reporting resources as well.

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Study Notes & Homework Samples: The Child Assessment Cycle »Reading Support Strategies