Kim, V. (2009, December 13). A right for students to be cruel online?; With schools meting out discipline over cyber-bullying, some parents and courts are fighting back. Los Angeles Los Angeles
This article talks about the role of schools in controlling “cyber-bullying” between students and whether it infringes on a student’s right to free speech. Some specific cases were cited of schools suspending students for cyber-bullying that led to court decisions. The students had posted videos on YouTube or created MySpace pages “bad-mouthing” other students or teachers and encouraging others to express similar opinions. Kim argues that schools are overreacting to a report of a teen’s suicide due to cyber-bullying and therefore “excessively crack down on student expression when it comes to the Internet” (2009, para. 8). Opposing arguments state that “cyber-bullying is far more serious and the consequences are a little more severe” than normal bullying and should be treated as such (Maples, 2007, para. 21).
There is a history of debate about the First Amendment rights of minors. To get a general idea, just check out ALA’s long list of Notable First Amendment Court Cases. But is it a student’s First Amendment right to say nasty and mean spirited things about others? Unfortunately sometimes yes. Kim (2009) quotes two different attorneys that argue that it should not make a difference if the audience they reach is in person or online, a person has a right to express their opinion. I would agree with this expect that online people can post their opinions without ever revealing who they are which allows a lack of responsibility for one’s actions.
I agree that everyone, adults and minors, should have the right to express their opinions freely without fear of punishment. In order to protect the freedom of speech for all, we really must let all opinions be heard, good and bad. ALA supports a person’s universal right to free expression and endorses the United Nations General Assimbly's Universal Declaration of Human Rights statement that “everyone has the right to freedom of opinion” which includes the “freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.” But ALA’s support for freedom of speech does not tolerate the bullying of others.
Unfortunately, cyber-bullying falls into a murky area of law and educational policy (Kim, 2009). Schools are often expected to mete out punishment when bullying occurs on campus but are trying to figure out where they stand and how they should be expected to react to online bullying. I feel that schools should treat cases of cyber-bullying on a case-by-case basis much like they do regular bullying. They should only be stepping in when it occurs on campus or through a campus computer. When the school is made aware of off campus situations they should pass this information on to parents or in extreme situations law officials for them to handle.
It never hurts to repeat that parents should be aware of what their children are doing both online and off. Cyber-bullying is a very real issue and needs to be talked over with children in some of the same ways that we talk with them about drugs and sex. Check out some of these websites for more information on cyber-bullying and how to prevent it.
Suggested Websites (all last Retrieved September 28, 2010):
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