Palm Springs addresses cyberbullying
The illusion that the Internet is anonymous makes some students especially ruthless when it comes to "cyber-bullying," and school districts are looking at what kinds of disciplinary action they can take to address the problem, reports the Desert Sun of Palm Springs, Calif.
At a workshop, local attorney Steve Montanez addressed the legal issues involved in controlling this behavior.
"We'd better jump in and get ourselves organized," Jane Mills, Palm Springs USD's district coordinator of child welfare and attendance, told school counselors and administrators.
The problem is that schools generally cannot limit students freedom of expression, unless the speech interferes with school activities. The landmark case is Tinker, in which a school rule preventing students from silently protesting the Vietnam War was overturned. (See Can schools punish students for off-campus, online behavior? for a more detailed look at the caselaw.)
If a school can prove that off-campus activity interferes with school operations, the school may regulate the behavior. Montanez cited several cases where student speech has been ruled unprotected:
- Schools can limit students' freedom of expression if it disrupts class work, causes substantial disorder, invades the rights of others or is lewd and vulgar.
- Threats are not protected by the First Amendment if they meet certain tests.
- A student would be unprotected if she downloads a disruptive Web site at school, encourages others to download the disruptive site at school, or brings the disruptive material to school.
The district is currently developing a bully prevention program that includes a technology component.