Freedom of Speech in the Era of Cyber Bullying As we are living in the age of technology, we are seeing our youth being victimized by a new phenomenon of bullying, called cyberbullying. Cyberbullying is defined as the use of information and communication technologies such as email, cell phones and pager text messages, instant messaging, defamatory personal Web sites, and defamatory online personal polling Web sites, to support deliberate repeated and hostile behavior by an individual or group, which is intended to harm others. Cyberbullying can also employ media such as PDAs, blogs, and social networks (Beckstrom, 2008). This form of bullying is progressive because it can happen instantly due to the technology involved, whereas traditional bullying tends to take longer to evolve and happens over an extended period of time. Since the Ryan Halligan case in 2003, there has been a string of cyberbullying suicides which have made states and school districts react by imposing policies to deter and essentially criminalize cyberbullying which happens on and off campus. The issue at hand is whether state legislature and school districts enacting laws and policies regarding students’ speech in terms of off campus cyber speech, is interfering with the students’ free speech rights. Three Supreme Court cases have been cited in recent cyberbullying cases, in the context of the speech of students and the authority of the school district; Tinker v. Des Moines Independent Community School District (1969), Bethel v. Fraser (1986), Hazelwood School District v. Kuhlmeier (1988). Prior to technological advances that enhance our personal communication, there were three landmark Supreme Court cases that regulated students’ speech and the schools ... ... middle of paper ... ...g fact sheet: a brief review of relevant legal and policy issues. Retrieved from www.cyberbullying.us 5. Newcomb, A. (2013, October 15). Teen charged in fatal cyberbullying case of rebecca sedwick to remain in jail. Retrieved from http://abcnews.go.com/US/teen-charged-fatal-cyberbullying-case-rebecca-sedwick-remain/story?id=20580689 6. NG, C. (2012, May 01). Georgia teen sues cyberbullying classmates. Retrieved from http://abcnews.go.com/US/georgia-teen-alex-boston-sues-cyberbullying-classmates/story?id=16251586 7. Teicher Khadroo, S. (2010, April 1). Phoebe prince case a 'watershed' in fight against school bullying. The Christian Science Monitor, 1-2. 8. Willard, M.S., J.D., N. (2007, March). Cyberbullying legislations and school policies: where are the boundaries of the "schoolhouse gate" in the new virtual world? Retrieved from http://cyberbully.org
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
Thesis and Road Map (Give three reasons why you think that schools should/should not be allowed to limit students’ online speech.)
School for students should be a safe place to learn, grow, and develop into impeccable human beings. Bullying has been a major problem for years. As times have changed, and technology has taken over. Bullying has become harsher, and dangerous. Students have more ways to when it comes to bullying, with endless options. Cyberbullying in Michigan has become more of an issue over the years, leading to serious crime offenses. Since technology isn’t going anywhere, this offense will only advance. After careful review of Lamphere School District policy’s, student handbooks and Michigan state laws and policies have a great affect with the First Amendment on cyberbullying.
Baby Thesis: Schools should not limit students’ online speech because it is actually not that
A position generally held by the courts is that it is the goal of the public school is to educate students and that a student’s personal rights to free speech or free press may interfere with that goal. Court cases over several decades over freedom of speech rights for students have set legal precedents and are being used to argue for and against student’s rights and and student rights violations (Constituial Topic:Student Rights.
Hoffman, Jan. “Online Bullies Pull Schools Into The Fray.” New York Times 27 June 2010
As a recently recognized form of bullying, cyber bullying also referred to as electronic or Internet bullying, is defined as “the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group that is intended to harm others” (Belsey, n.d., p. 8; Bonanno & Hymel, 2013). Cyber bullying is characterized by intimidation, harassment, victimization, and aggression toward others that occurs through email, chat rooms, instant messages, webs...
Context: Cyberbullying is a relatively new strain of bullying. With the Internet being at such easy reach and children and teenagers being so tech savvy, things such as a mean text or an unfriendly social media post is just a finger click away. “Cyberbullying is in simple terms, known as, bullying through the Internet. Whether it is through email, instant messaging, on a Web site through images sent digitally. Because cyberbullying is so new, it has caught the eyes of the press and educators recently. Cyberbullying has both similarities and differences of traditional bullying. There are also unique repercussions and ways of dealing with it. (Kowalski, Limber, and Agatston pg. 1-2).
Technology has changed the world for today’s teens, and not all for the better. According to the U.S Department of Health and Human Services, cyberbullying can happen twenty four hours a day, seven days a week, and reach a kid even when he or she is alone. By definition cyberbullying is “willful and repeated harm inflicted through the median of electronic text” (Deuck). This happens in many ways shapes and forms. The use of information and communication technologies such as e-mails, cell phones, pagers, text messages, instant messaging, and defamatory online personal polling web sites has became common among teens. As a result of cyberbullying, victims suffer from emotional harm, loss of self- esteem, and experience physical harm.
Over 2 billion people use the internet today. In North America, 78.6% of the 300 million people that inhabit it are users online. Some of these users are users are children, ranging from ages of 12-17. Of these children, many simply use the internet to do research, complete homework and even play games. However, a large portion of these children use these tools to threaten, harass, or gang up on other kids. This is what we call cyberbullying. The ease of communication due to a significant online advancement has helped move bullying beyond harassment at school or on the playground and into cyberspace. As a result, schools, authorities, corporate organizations and the third sector need to come together to try and alleviate the ongoing causes of cyberbullying, because it is a problem that greatly affects our children, who are the future of tomorrow.
In her article “How the Internet Has Changed Bullying”, Maria Konnikova explained how bullying has reached technology, and in the workplaces of many adults. The Internet has made it harder to escape from bullying, and easier for bullies to escape from confronting their victims. Furthermore, the author stresses that cyberbullying not only targets high schoolers, but it’s affecting the lives of college students as well (Konnikova 1). Cyberbullying takes place in the Internet world where is easier for a bully to gossip and humiliate multiple of victims in a faster pace. The studies have shown that cyberbullying is making a greater impact in the victims’ and the bullies’ lives more than the traditional bullying and many people are not aware of it; therefore the schools, witnesses, and employers should work together to fight against cyberbullying and provide help to the victims and bullies.
As technology quickly advances bullying has become a damaging act to our youth both physically and mentally that can not be ignored. What makes cyber-bullying such a serious issue is that it has been
Internet usage in children and adolescents has been increasing in a steadily fashion in the past number of years and with the increase in internet usage, a new form of bullying has developed – Cyber bullying. Cyber bullying can be defined as “the electronic posting of mean-spirited messages about a person,” (Merriam-Webster, 2012). This form of bullying can come through various mediums including but not limited to text messages, emails, videos, and social networking sites. There is an overwhelming amount of information that defines cyber bullying, identifies the demographics of bullies and victims of cyber bullying, and identifies the outcomes of cyber bullying on victims. More focus needs to be placed on who the perpetrators of this form of violence are and how this form of violence is linked to traditional bullying. This will allow researchers and practitioners to move forward with research and implementation preventative methods and intervention once the problem has already occurred.
Jacobs, Judge Tom. Teen Cyberbullying Investigated: Where Do Your Rights End and Consequences Begin? Minneapolis: Free Spirit Publishing, Inc., 2010. Print.
Cyberbullying is a type of bullying that takes place with the use of any electronic technology. Cyberbullying is a major problem affecting young people today. There are different types of cyberbullying. This topic comes as an interest to many people these days because bullying is very common and it can ruin a person’s life. These days, cyberbullying is considered a new form of bullying. It can happen over the internet by computer, mobile phone or any other electronic devices. Cyberbullying could involve any form of unpleasant words or pictures being displayed on the internet for others to see. It could also involve the spreading of lies about the victim on the internet. Many people are stepping up efforts to prevent bullying in the first place. Approximately half of U.S. students are impacted by traditional bullying each school day (Ross). Bullying peaks in middle school, then reduces in high school. Other types of bullying may involve the passing of notes behind someone’s back, rumors being whispered about someone, or being threatened in the internet. The most common types of cyberbullying include passing of humiliating photos, cell phone pranks, cyber stalking, impersonation, online slam books, and text wars. Bullies appear scary but truthfully they are the unhappy ones. Majority of bullies have been bullied by parents, siblings, or other young people. This may trigger them to bully and pick on other kids.