Introduction
The proliferation of technological advancement with regard to the internet and web connectivity towards the end of the 20th century and well into the 21st century has seen to sporadic innovations including the innovation of social networking sites. While these resources create excellent avenues for communication and access to information leading to the creation of stronger social networks, some demerits of the spread of the use of social media have begun to emerge. Among the most significant impacts of the use of social media and the internet among young school going children has been the emergence and prevalence of the aspect of cyber-bullying.
Bullying is a common phenomenon among young school going children as research indicates that some children bully to cope with insecurities while some lack awareness of what encompasses moral and immoral behavior. The internet has provided an easier means for bullies to get access to their victims resulting in suicides and depression among young children. To this extent, the aspect of bullying has been categorized as an inexcusable offense given the adverse effects it can have on the victims, the young bullies and the society as a whole. The government has taken regulative measures to attempt to curb the aspect of cyber-bullying among children even though this has raised questions over the constitutionality of the practice. This is given the assurance of freedom of speech and expression among individuals by the 1st amendment which is always breached by the actions of the government in trying to curb cyber-bullying.
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Steps to take in case of cyber-bullying
The first step for an individual to take after getting light of information regarding cyber-bullying is to report the case after ascertaining that indeed the individual has been bullied through the internet. This is given the fact that a majority of students report having being bullied consistently by the same individual despite informing the teacher and their parents of the ongoing bullying. Moreover, the reporting of bullying is critical to ensure that the statistics of the aspect ae taken into account in order to establish the prevalence of the act and the necessary strategies to adopt.
As an education professional, the wellbeing of the students is among my most basic interests and responsibilities and to this extent it is vital to establish the period that the act of bullying has prevailed and the history of cyber-bullying for the student. This will aid in establishing whether the student needs counselling in addition to establishing the facts of the case before reporting and ensure that it is treated with the swiftness and urgency that it deserves. Additionally, it is vital to aid the victim of the bullying to get psychological and medical attention as soon as possible to ensure that the depression due to bullying is addressed and that the student does not resort to taking matters into their own hands.
First Amendment arguments that could be made by the student
A wide array of scholars, researchers and members of the American public indicate that the prevalence of cyber-bullying among American teenagers and young school young children can be blamed on the protection that is offered by the stipulations of the 1st amendment. The 1st amendment stipulates that every citizen of America is subject to the appropriation of the right to free expression, association and speech which was extended to entail speech through electronic means. To this extent, the first amendment protects the access to information by students in schools together with the protection of the freedom of speech and free expression of both teachers and students in schools across the United States.
The student could argue that her speech is protected by the first amendment given that it did not infringe on the rights of the victim and therefore her actions do not amount to a crime. Additionally, the student could argue that her actions did not materially and substantiate slander or libel but was rather merely annoying speech, which is protected by the first amendment. Moreover, the freedom to freely express her opinions are protected by the first amendment which points to the fact that any manner of speech is protected under the law so far as the individual that the speech is directed to is not harmed by the speech nor the words in the speech.
Responses to the first amendment arguments made by the student
Despite the fact that the speech made by the student is protected by the first amendment law of freedom of speech and expression, there are some exceptions to the rule as has been delineated by precedent case laws. The fact that the speech made by the student through her Facebook page might have amounted to either libel or slander points to the fact that the act could encompass the commitment of a tort which is an offense in front of the law punishable by civil recourse. Additionally, the first amendment protects freedom of speech and expression as far as individuals are not harmed by the act. The fact that the victim indicates that she was bullied could point to emotional harm which is intentional harm that is inflicted and that any reasonable person would feel subjected to as defined by the law. To this extent therefore, the speech of the student should be punishable under the law given that it does not meet the criteria for what encompasses reasonable care in practicing free speech and expression.
