Cyber bullying, or Cyber harassment as it’s often referred to, is defined in the Idaho Statutes §18-917a as:
“Any intentional gesture, or any intentional written, verbal or physical act or threat that will harm a student, damage their property, place a student in reasonable fear of harm or damage to his/her property. Acts of harassment, intimidation or bullying may be committed in person or through the phone or computer.”
While the definition of this new age school yard bully is clear, the connection between what constitutes free speech is not. Since the U.S. Supreme Court has yet to address a student’s right to free speech in the framework of cyber bullying, the lower courts, attorneys, schools, students, and parents are forced to view relevant case law in determining how to proceed when the issue of cyber bullying and free speech arises.
With regard to a student’s right to free speech, the case precedent was s...
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Supreme Court Student Speech Cases - Cyberbullying . (n.d.). Home | The University of North Carolina at Chapel Hill. Retrieved December 12, 2011, from http://www.unc.edu/courses/2010spring/law/357c/001/Cyberbully/supreme-court-student-speech-cases.html
Cyberbullying. (2009, November 1). Cyberbullying. Retrieved December 12, 2011, from www.ksys-inc.com/Cyberbullying%20outline.pdf
DeLeo, J. (2006). The Student's Guide to Understanding Constitutional Law. Clifton Park, N.Y: Thomson Delmar Learning.
Statutes. (n.d.). Idaho Legislature. Retrieved December 12, 2011, from http://www.legislature.idaho.gov/idstat/Title18/T18CH9SECT18-917A.htm
Zetter, K. (2010, March 18). Court: Cyberbullying Threats Are Not Protected Speech | Threat Level | Wired.com. Wired.com . Retrieved December 12, 2011, from http://www.wired.com/threatlevel/2010/03/cyberbullying-not-protected/
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