Cyberbullying Laws Raise Free Speech Questions

Chad_DeVoss writes "States across the country are working on laws to rein in cyberbullying, claiming that electronic harassment has led even to the suicides of some children. But what about the First Amendment? Surely schools can't control what kids say to one another? It's an easy argument to make, but the reality is more complicated. From the article: 'The issue is further complicated by questions about whether cyberbullying takes place on school property or not. School officials do not generally have control over what students do outside of school, but, as the First Amendment Center reports, even this issue is complicated. Students who threaten or harass other students using school equipment or during school time can most likely be sanctioned, but even students who do such things from home face the possibility of school discipline under the 'substantial disruption of the educational environment' ruling from the Tinker v. Des Moines Independent Community School District case from 1969.'"

Comments

School Censorship

[eldavojohn]

Surely schools can't control what kids say to one another?

I don't know about that.

When I was in high school, I was blatantly told that I didn't have the full rights of an adult until I was 18. I don't know if this is true or not. I actually still don't know if this is true. But let me relate the events that I witnessed and took part in while attending a small town high school in Minnesota.

The grade ahead of me was full of punks. I don't mean 'punks' in the derogatory term, I mean punks that accepted anybody, didn't drink much, tried to skateboard, talked about anarchy, didn't cause too much trouble but liked their music loud and fast. Now, the grade before me had access to an industrial copying machine via one of their parents. What resulted was a 'zine. A punk zine for a school that was often folded 8 1/2 x 11 pages stapled together with images, music reviews, articles & basically anything and all things punk. Including, but not limited to, taking it to the man. The zine was fifty cents to cover copying costs.

I loved these people, everyone else was a tightly knit clique of 'in' crowds where the punks didn't care if I listened to The Beatles & read Sci-Fi Fantasy & lived in the country.

The zine was considered contraband by the teachers. If they found it on your person, they gave you detention. One of the articles in an early edition criticized the entire student body of the school. Foul language was not omitted in this underground publication. First amendment right? The teachers didn't think so.

Lastly, the T-Shirts that people would try to wear were often banned. You were made to turn them inside out or go home with detention. Shirts that said "F You" or even "I hate this hick town." were grounds for detention. In the end, the punks made artwork and screened it onto shirts where it looked like a cool design but if you hooked your thumb and forefinger in it and pulled it down to cover up the inner four inches or so, it said "FUCK YOU." That way, they could choose to display the image whenever they wanted to and a teacher wasn't around. They weren't threatening people with it or harassing people, it was just their response to life and everything. The teachers found it offensive (and some of the dimmer students probably did too) so it was censored.

So to answer your question about schools censoring what the students can say to each other, I experienced that prior to being 18 quite a bit.

Re:School Censorship

[SatanicPuppy]

Sure, In Loco Parentis..."In place of parents" means they can do whatever your parents can do to you...On school property.

The real issue here is whether or not they have the right to go after you for things that you're doing off school property. In my mind, that's a definite no; their power relationship is governed by their location. At school, sure. Out of school? What's the theory behind that, and where does it end?

You're moving into a serious nanny state if you allow your educators to effectively assert control over your kids outside of a school environment. I understand why they feel the need...Lot of parents aren't holding up their end, so the schools feel like, in order to get something done, they have to do it themselves. I appreciate the frustration. However, it's a hugely bad precedent.

Re:School Censorship

[russ1337]

>>>> The real issue here is whether or not they have the right to go after you for things that you're doing off school property

Thanks for the tip on In Loco Parentis, I looked it up on Wikipedia and the excerpt below demonstrates a court case that disagrees with your point of view. I agree with you and don't believe the school should have this power, unless you're representing the school i.e. in school uniform. I added the bold for emphasis:

Tinker v. Des Moines Independent Community School District (1969), when the Supreme Court decided that "conduct by the student, in class or out of it, which for any reason - whether it stems from time, place, or type of behavior - materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech."

Re:School Censorship

[Alchemar]

My nephew was written a ticket by a police officer for cursing when he ran his knee into the corner of the desk because "using inapporpriate language in school is illegal." They are no longer even pretending that children have any rights in school. The problem that I have with this is that the children then grow up thinking that this is how things are suppose to be, and don't complain when they get their rights taken away as an adult. The schools are there to eductate. I keep hearing paid advertisements on the radio about teaching the children by example as well as what you tell them and make them read. Either the schools think they are magically exempt from this principle, or someone is trying to teach people how to comply.

There are laws about threatening people. Let the police use them. Don't give the school the authority to proscecute criminal behavior based on "policy." If they want to give a kid extra homework for cursing that is one thing, but to give them a ticket?!? To give a kid extra homework for threatening someone life ... also not real productive. The schools need to seperate policy from law. Don't give teacher the power to punish for crimes without a trial, and don't give the justice system the power to proscecute for not following policy.

Going into a school is now harder than entering a military base. When I had to enter a military base, they checked my ID and then gave it back. The school takes your ID and refuses to return it as long as you are on campus. When I asked what they were doing with my ID, the lady that was carring it off, told me "not to worry about it", and another one said "they have to have it." When I stated rather loudly that I was making a formal request to know what they were doing with my ID card and my personal information, another teacher pulled me aside and said that they were faxing them to the police station for a criminal background check. I live in one of the few states where it is illegal not to have your ID on you. I am very uncomfortable with they keeping possession of it.

I was told by another teacher that school policy overrulled state law because it was to protect the children. On further questioning, she told me the same applied to the Bill of Rights. My solution was to not go to the school. Now they are trying to pass a law making a request for a parent teacher conference the same as a court supeana, if you don't show up, then you get a $500.00 fine, and a criminal record.

I was told that I had to fill out a notarized statement about residence. Then I was told that I had to use their notary, and that she was only available from 8am - 11am and 2pm-3pm on two days during the middle of the week before school starts. The whole purpose of getting something notarized is to veryify that you are the one that signed it, why does it have to be done in person, and why can't they set it up so that people could do it before or after work, or maybe even during lunch?

When started making calls to the school board I was told the the Principle of the school gets to decide how she wants things done. How is that for a democracy. The schools make up there own rules as they go. When I asked to see this policy in writting, it took two weeks to get an email back. When I asked what law gave them the right to enforce this policy, I was told it was because the school had too many people from out of the district trying to get in the school. They were completely at a loss when I explained that there is a difference between a law or ordinace granting them power, and a reason as to why they want to do it.

The teacher routinely send home letters requesting that the children send money the next day, that have very generic descriptions about what the money is for. They say things like we are having a party and need money for snacks. Then at the bottom ask the kids to also bring a drinks and cookies for the party. They make sure that they tell the kids that if they don't bring the money they don't ge

Re:Not for the courts

[tomstdenis]

Always pays to be modest though. I never mock or belittle my former 'peers" when I see them in those roles. Inside I may laugh a bit, but to be honest I think they know how much they fucked up. Plus, never piss off the dude making yer food :-)

Was kinda funny though, in my classes [in the advance stream] I was always the person people felt wouldn't make it, yet I was the one doing international talking engagements and working before even finishing my degree. w00t.

Actually, the best was when I met up with one of the former peers who was always kinda a brainer. I had just got back from a business trip to France, [while still in college]. I asked her what she was studying, "international business." Oh that's nice :-)

Tom