Cyberbullying Administrators,Teachers, Students

When does free speech become punishable?

Melissa Strickland NELA Cohort 3 Dr. Brady - School Law December 9, 2012
Saturday, February 8, 14

What is free speech for students? What is cyberbullying?

Watch the following video and think about these questions:

Who do you think are the typical cyberbullies and who are typical victims of cyberbullies? When do you think teachers/administrators need to intervene? What can legally be done?

Saturday, February 8, 14

http:/ /www.youtube.com/watch?

Phoebe Prince
http:/ /www.youtube.com/watch? v=HDoQv_wDd94

Saturday, February 8, 14

Objectives
Teachers will be capable of discussing the
basic tenets of student free speech as it relates to cyberbullying.

Teachers will be able to identify

cyberbullying and apply the legal standard to real-life cyberbullying situations that occur in public schools. Violence Protection Law in North Carolina.

Teachers will understand the new School

Saturday, February 8, 14

Cyberbullying
denition:
The use of internet and related technologies to post mean-spirited messages about a person (student) often done anonymously with intent to harm other people in a deliberate, repeated, and hostile manner.

most commonly....... text, email, instant messages, facebook, twitter

Saturday, February 8, 14

Statistics
! !
Girls are more likely than boys to be involved in cyberbullying Cyberbullying generally begins in grade 4, and peaks in grades 6-8, but continues into high school

Children ages 12 - 17:

! ! ! ! ! !
87% + use the internet daily

64% have created some blog or online networking to put online speech in the view of others 50% + have been bullied and/or have bullied online 33% have experienced cyber-threats 25% have been bullied repeatedly through their cell phones or the internet. 60% + of those cyberbullied never tell their parents!

Saturday, February 8, 14

Supreme Court Rulings Regarding Student Online Speech

Saturday, February 8, 14

NONE

U.S. SUPREME COURT STUDENT FREE SPEECH

Without any Supreme Court Rulings regarding online speech we look to the 4 court cases put forth by the U.S. Supreme Court that have dealt with student free speech Tinker v. Des Moines (1969) Bethel v. Fraser (1986) Hazelwood v. Kuhlmeier (1988) Morse v. Frederick (2007)

Saturday, February 8, 14

 Tinker v. DesMoines (1969)

U.S. Supreme Court decided that students do not shed their constitutional rights to freedom of expression at the schoolhouse gate but student speech that materially disrupts classwork or involves substantial disorder can be disciplined by school ofcials. Supreme Court decided that vulgar and lewd speech may be prohibited in school without the requirement of a material or substantial disruption.

Bethel School District v. Fraser (1986) U.S.

Saturday, February 8, 14

 Hazelwood School District v. Kuhlmeier

(1988) U.S. Supreme Court decided that school-sponsored speech can be censored or restricted by school ofcials when it is reasonably related to a legitimate pedagogical concern. Morse v. Frederick (2007) U.S. Supreme Court decided that any student speech or expression occurring on school grounds or during school-sponsored activity that advocates illegal drug use may be potentially disciplined by school ofcials.

Saturday, February 8, 14

Without Supreme Court rulings the burden has been on state courts to create laws regarding online speech....... There are currently 16 states with laws against cyberbullying, including North Carolina. 5 states currently have proposed anti-cyberbullying laws.
Saturday, February 8, 14

NORTH CAROLINA LAW

2009 - NC Protect our Kids/Cyberbullying It is illegal to send repeated communications to a minor, or to post real or doctored photos or post private or personal info about a minor with the intent to intimidate or torment the minor. Defendant >18 = Class 1 Misdemeanor
" In

Defendant <18 = Class 2 Misdemenor

2010, 14 minors and three adults were charged with the misdemeanor, although none were convicted, according to the N.C. Administrative Ofce of the Courts.

Saturday, February 8, 14

NORTH CAROLINA LAW

2012 - The School Violence Prevention Act It is illegal for students to bully teachers online. Starting December 1, 2012 students who cyberbully, intimidate or threaten a school employee or teacher will be charged with a misdemeanor under this new law.
Cyberbullying a school employee is punishable as a Class 2 misdemeanor.
" Students
found guilty can be charged $1,000 and face jail time. Guilty students will be transferred to another school within the district, if not an option then another class.

Saturday, February 8, 14

Prohibited online activity for NC students regarding school district employees:

provided authorities nd intent to intimidateincludes:

creating a fake prole signing school employees up for spam mail or onto a pornographic site publishing doctored or undoctored photos making a "statement, whether true or false, intending to immediately provoke, and that is likely to provoke, any third party to stalk or harass a school employee" posting private information or publishing data about a school employee

Saturday, February 8, 14

Communication of Threats
The Supreme Court has held that true threats encompass those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals, and are not subject to First Amendment protections. North Carolina punishes threats as a Class 1 Misdemeanor the willful threatening to physically injure a person or that persons child, sibling, spouse, or dependent...

Saturday, February 8, 14

Threats
Important cases regarding the communication of threats
"

Watts v. U.S. - 1969 Man stated that if inducted in the army and made to carry a rie he would shoot L.B.J. The court called the statement crude political hyperbole and was not a willful threat against the president. Lovell v. Poway - 1996 A 15 year old student told her guidance counselor If you dont give me this schedule change, Im going to shoot you. Student is suspended, then says her First Amendment was violated. Courts sided with student - language was gure of speech not a real threat. Doe v. Pulaski - 2000 A letter written by a student at home containing threats, but never given to anyone - no reason to believe any threat would be carried out.... the student expelled and U.S. Supreme Court sides with the school. (Based on intricacies of letter and student handbook.) J.S. v. Bethlehem Area School District - 2002 A middle school student website, Teacher Sux, derogatory comments, etc... including offering money to hire a hit man to kill the teacher. U.S. Supreme Court sides with school, not due to threat, but based on Tinker, website caused disruption of the school environment (sufcient nexus).

"

"

"

Saturday, February 8, 14

Three Approaches to Examine Online Speech

" Geographical Approach

- was student online speech created or accessed on school grounds (Mahaffey v Aldrich - Satans Website evidence showed it was created at the students home and did not cause a disruption. Court sides with student.) Nexus Approach determines if there is a sufcient nexus between off campus online speech and a signicant school disruption (Wisniewski v Board of Education of Weedsport Central School District - IMs sent from 8th graders home computer to school friends...kill Mr. VanderMoelen, etc.. courts said that there was reasonable risk of a substantial disruption and student can be disciplined.) Free Speech Standards approach as dened in Tinker or Fraser cases (Killion v Franklin Regional School District student is mad at athletic director and creates rude, lewd email about him. Court applies Tinker and doesnt nd disruption and applies Fraser, but decides lewd speech off campus cant be punished. Court sides with student.)

" Sufcient

" Student

Saturday, February 8, 14

What Can Teachers and Schools Do???

Student education of consequences Parent education of consequences Recent studies show peer education works
best!

Saturday, February 8, 14

Application
!In small groups of 3 or 4 read the scenario provided and
determine how you think the courts/schools should have ruled. your decision.

!Apply the legal knowledge you gained earlier to justify

Saturday, February 8, 14

Prank Becomes Cyberbullying

A high school senior in central Massachusetts says he didn't expect an online prank targeting a teacher to spiral out of control the way it did - but now he's been expelled, and his college plans are apparently on hold. The cyberbullying case began in September when Southbridge High School student Chris Latour went on a popular Internet message board and posted the password that gave anyone access to a web portal run by his English teacher. "It was supposed to be a senior prank where kids would go in and post funny photos," says Latour. Instead, students lashed out against the female English teacher with a barrage of vulgar, sexually derisive insults, sending the newlywed to psychological counseling. Police traced the comments to mostly overseas IP addresses and none to Latour himself. But because he provided the password, he was held accountable. First, he was given a 10-day suspension. Then, last week, he was expelled. "I did my 10-day suspension I think that was fair because I made the mistake, but the whole expulsion thing is just taken it out of proportion," Latour said. "They took everything, everything away from him," says his grandmother Vivian. "He can't go to college, he don't have a scholarship no more." The senior had an 87 average in the class and says he apologized to the teacher, but that it wasn't wellreceived. "I'd like to go back to school," says Latour. "I'd like to get my diploma and go to Westeld State like I'd planned on but I don't see that happening." The superintendent, principal and police all declined to discuss the incident.

The Suicide of Ryan Halligan (2003)

13-year-old Ryan Halligan spent most of the summer of 2003 online. It was a safe place for him. He was small for his age, and he had a learning disability. Regrettably, the kids from school found Ryan online and began tormenting him over instant messenger. After a summer of nding no respite from the teasing, Ryan had to return to school where the bullying escalated. One girl, who was particularly cruel to him, called him a loser, to which he responded, Its girls like you who make me want to kill myself. And then he did. On October 7, 2003, his sister found him dead in the bathroom of their home. After Ryans death, his father began reviewing his sons chat logs on the family computer. What he found shocked him and exposed the catalyst for Ryans suicide.

Saturday, February 8, 14

Questions?

Saturday, February 8, 14