Cyberbullying is an emerging threat that endangers the safety of students beyond the school environment. The prevalence of social media platforms such as Facebook, Myspace, Twitter, and Instagram has taken bullying to new contexts that require new statutes and policies. The current case is evidence of an emerging threat whereby a student is exposed to bullying in social media networks. According to state law, student behaviors on social networking sites such as Facebook is subject to the law (Hinduja & Patchin, 2011). Bullying through electronic means is aground on which a student can be suspended or expelled. Additionally, the law allows school officials to make the recommendation for expulsion or suspend a student for cyberbullying.
On receipt of notification for bullying on Facebook, the first step will be to encourage the complainant to save or print the Facebook messages she feels constitute cyber bullying. The messages will serve as evidence during the investigation of the case. The next step is to inform the school principal or the District Compliance Officer of the case. The Principal or the School District Superintendent may request the network to remove the materials from the site or suspended the privileges of the accused (Hinduja & Patchin, 2011). The notification will be made within one business day upon receiving the complaint from the student.
Delegate your assignment to our experts and they will do the rest.
Upon submission of bullying report, I will give the complainant the opportunity to give a description of the incident and provide evidence of harassment. I will then investigate the report to determine if the student was a victim of cyberbullying. If, after investigation, I determine that the complaint is about cyberbullying, I will recommend some actions. First, if the complaint is not severe, I will suggest conflict resolution through a peer. Second, I may support behavior interventions and education if the claim is moderate. However, I will recommend suspension and expulsion if the behavior is pervasive and severe.
The students with the Facebook page may use provisions in the First Amendment to the Constitution to defend him/herself. According to the provisions of the First Amendment, Congress shall not enact any law that prohibits or restricts free speech (Lind & Rankin, 2015). The student may argue that any punishment for bullying another student through social media infringes on his right to freedom of expression and free speech. However, the first amendment does not protect an individual's right to freedom of expression and free speech under various circumstances. First, if the student with the Facebook account committed defamation, the first amendment does not protect him.
Defamation is a statement that is injurious to a person's reputation (Lind & Rankin, 2015). It comprises of a label or written statements. If the student with the account posted defamatory information about the complainant, his right to freedom of expression is restricted. Secondly, the first amendment does not protect an individual if he/she uses obscene language. Obscene language is not safeguarded by the first amendment. Use of obscene language comprising lewd or disgusting content are common in social media, and if the student engaged in any of these, he/she forfeits the right to freedom of speech and expression. States have developed laws against obscenity, and if the contents of the Facebook account are deemed to contain obscene content, the accused student will not be protected by the first amendment.
Additionally, the government can restrict the contest of free expression if it causes emotional distress. Cyberbullying, just like other forms of bullying cause emotional distress that can lead to depression and even suicide. If upon investigation, it is determined that the Facebook page contains materials that can cause emotional distress, the student will not be protected by the law. Lastly, if the materials posted on the social media site invaded the privacy of the complainant, the right to free speech will be restricted.
References
Hinduja, S., & Patchin, J. W. (Eds.). (2011). State cyberbullying laws: A brief review of state cyberbullying laws and policies . Cyberbullying Research Center.
Lind, N. S., & Rankin, E. T. (Eds.). (2015). Privacy in the Digital Age: 21st-Century Challenges to the Fourth Amendment [2 volumes]: 21st-Century Challenges to the Fourth Amendment . ABC-CLIO.
