Introduction
Policy makers and implementers have struggled to attain the correct balance between the first amendment rights of public schools and the schools' interest in the discipline, order, and education ever since the case of Tinker against DMI Community School District. The dawn of electronic communication and social media platforms such as Facebook, MySpace, YouTube, and Twitter has only mystified this puzzlement, augmenting another dimension to student speech (Hinduja & Patchin, 2011). Schools are now in search of an answer to complex questions which never surfaced in the past: under what conditions can schools penalize students for cyberbullying while adhering to the first amendment rights?
Cyberbullying
The advancements in information technology through social media have given rise to cyberbullying. While the social media is used by all age groups, it is widely popular among the youth and the teenagers. It has presented a voice for the voiceless and shy teenagers across the globe (Goodno, 2011). However, similar to any other technology, social media has given rise to cyberbullying. Cyber bullying is a novel way students use to harass, slander, bully and taunt each other. It is the willful and repeated harm generated from one student to another student inflicted through the use of electronic and social media via cell phones, computers, and other electronic devices.
While the victims of cyberbullying do not suffer physical damage as compared to physical bullying, the psychological impacts as a result of cyberbullying are adverse. The uncertain nature of cyberbullying leaves the casualties unable to escape the ridicule and torment at the end of the school session (King, 2010). Cyber bullying is associated with the increase in school violence alongside student suicides. The adverse impacts of cyberbullying have prompted both legislators and school administrators to seek new techniques to impose severe disciplinary measures while adhering to the first amendment rights of the students.
Responding to cyber bullying
It is imperative to note that various schools have various policies and guidelines on how to handle bullying among the students. However, cyberbullying present novel challenges given that it may overlap the first amendment rights of the students. As a consequence, it is significant to embrace an approach that is in line with the school policies, students handbook, first amendment rights and teachers guide. The following steps can be assumed in the battle against cyberbullying in schools (Goodno, 2011).
Support: As a teacher, it is imperative to grant the victim of cyber bullying with adequate support and reassurance. The victim should be encouraged on their courage to report the incident. Also, the victim should be encouraged to attain help from the school counselor, the parents, school principal, and other teachers. It is of great help to reassure the victim that support is available for them.
Evidence: The victim of cyber bullying should be assisted to keep the evidence of the cyberbullying incident for investigation. In case the victim was bullied through the social media, it is important to print out the web page or take screen shots. The teacher should not allow the student to delete the text message or web page evidence.
Inform: The teacher should inform the student on various ways to guarantee that the incident does not occur again. It is imperative to advise the student on how to protect himself or herself against a similar incident (Goodno, 2011). There various ways to which the victim can avoid a similar incident: changing contact details, passwords, reporting abuse online and blocking various profiles on social media sites. Also, it is advisable to advise the victim of cyber bullying not to retaliate to the incident or reply to the text messages. The teacher should advise the victim to store personal and confidential information private and secure on the internet.
Investigation: After the above steps have been taken into consideration, the evidence collected in the incident should be used to investigate the claims of cyber bullying. It is advisable to conduct a full investigation into the matter and to ask the bully to delete or remove offending posts or remarks. All the records pertinent to the incident should be safely kept as part of the investigation.
Report: After the investigation, it is significant for the teacher to report all the abuses perpetrated through text messages or social networking sites to the mobile service providers or the appropriate websites (Hinduja & Patchin, 2011). All these steps should be done by the Anti-bullying Policies, Acceptable Use Policy and Behavior and Disciplinary Policies.
First Amendment arguments
In most cases, it has been argued that Anti-bullying Policies infringes on the First Amendment rights to free speech and freedom of expression. According to the First Amendment, the student has a right to express their political and religious ideas freely (King, 2010). It protects the religious and political expression of ideas. Thus, they may not be liable for disciplinary action. The bully may argue that his or her right of religious and political speech has been censored in case extreme disciplinary measures are taken against him or her (Hinduja & Patchin, 2011). As a consequence, it is imperative to address cyberbullying delicately while incorporating the student's first amendment rights. While the first amendment may protect the student's right to express his or her political and religious ideas freely, the student may be liable for disciplinary action in case their expression causes a disturbance or a violation of the rights of other students.
References
Goodno, N. H. (2011). How public schools can constitutionally halt cyber-bullying: A model
cyberbullying policy that considers the first amendment, due process, and fourth
amendment challenges. Wake Forest L. Rev., 46, 641.
Hinduja, S., & Patchin, J. W. (2011). Cyber-bullying: A review of the legal issues facing
educators. Preventing School Failure: Alternative Education for Children and
Youth, 55(2), 71-78.
King, A. V. (2010). Constitutionality of cyber-bullying laws: Keeping the online playground safe
for both teens and free speech. Vand. L. Rev., 63, 845.
