Cyberbullying and the First Amendment
Cyberbullying is categorized as harassment in the first amendment, and several cases have been used to explain this. According to the first amendment, cyberbullying is a kind of bullying done using any electronic communication service. It also uses cellular and other telephones, computers, cameras, electronic mail, text messaging, or instant messaging. It can also be done using an internet website, social media application, or another internet-based communication tool (Johnson, 2020).
The Texas Education Code describes harassment as threatening to cause bodily injury or harm. In contrast, other students engage in other intimidating activities that could cause emotional or physical damage to others and their properties. According to the law, this could lead to restraints or physical confinement since it is the intentional cause of harm emotionally and physically to others. Cyberbullying is an example of harassment according to Texas law, and it is also categorized as online misbehavior (Reporters Committee For the Freedom of Press, 2012).
Suppose there is a connection between the student's online activity and the school, like creating a website maintained on campus. In that case, the school discipline should have the jurisdiction to discipline any cyberbullying case under federal and state law. The courts work with the school disciplinary administrators to find a solution to these cases and even punish those found guilty. These corrective measures are highly likely to be created to match the severity of the offense.
The 1969 Tinker V. Des Moines case was characterized by a ruling by the Supreme Court...
…process (Reporters Committee For the Freedom of Press, 2012). It respects the establishment of the right to speech, but it also forbids the government from favoring other groups at the expense of others. More changes could be made to the first amendment to show what favoring one person at the expense of another involves and how this can be measured. In the Tinker V. Des Moines case, it would be easier to show that the limitations of the freedom of expression should be explained when this right is prohibited.In summary, the first amendment shows that the freedom of expression is vital among people, and the government is prohibited from showing favoritism to any side. However, the change that could be made in the first amendment is based on delivering when the freedom…
References
Johnson, K. A. (2020). On the evolution and definition of 'First Amendment studies': Do we all engage in First Amendment studies? First Amendment Studies, 54(2), 149-155. https://doi.org/10.1080/21689725.2020.1838842
Justia (n.d). Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986). https://supreme.justia.com/cases/federal/us/478/675/
Reporters Committee For the Freedom of Press. (2012, November 20). Texas public officials lose First Amendment challenge to openness requirements. The Reporters Committee for Freedom of the Press. https://www.rcfp.org/journals/texas-public-officials-lose-f/
United States Court (n.d). Facts and Case Summary - Tinker v. Des Moines. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-tinker-v-des-moines
United States Court (n.d). Facts and Case Summary - Morse v. Frederick. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-morse-v-frederick
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