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 cyberbullying is important to ensure all students feel safe and supported in their learning. Let’s look at the steps we need to take and how to balance various rights and responsibilities in this situation.
First, as a school official, I am required by law and policy to investigate any complaints of harassment or bullying. This includes incidents that take place away from school, like on social media, if they create a hostile environment for the student. I would need to speak with both you and the other student involved to get both perspectives on what happened and determine if school rules were violated before deciding on next steps.
The student with the Facebook page may argue that restricting their speech violates their First Amendment rights. However, the courts have established schools have more authority to regulate student speech that occurs on campus or at school-sponsored events versus off-campus speech. Even off-campus speech can be regulated if it is determined to substantially disrupt the school environment or infringe on others’ rights (Tinker v. Des Moines Independent Community School District, 1969). In this case, if the Facebook posts were targeted at or about another student and created a hostile environment that impacted their education, the school would have grounds to intervene under Tinker.
The school also does not need to show a “substantial disruption” if the speech constitutes harassment, intimidation, or bullying based on traits like race, sex or disability. Under a 2006 federal law, schools must have policies to prohibit this type of speech and conduct thorough investigations of reported incidents. Additionally, schools can restrict speech that promotes illegal drug use under Morse v. Frederick (2007).
In summary, while students have a right to free speech, that right is balanced against the school’s duty to provide a safe, non-discriminatory learning environment for all. If an investigation finds the Facebook posts violated our policies on bullying or harassment, there would be a basis for disciplinary action without infringing on First Amendment rights. However, all sides would need to be heard before a final decision is made. Please let me know if you need any clarification or have additional questions.

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