The growth of technology has been associated with varying impacts, one of them being the electronic sending of intimidating messages to accuse or demean someone based on their status. This issue has become more common among students using social media today (Kalansooriya, 2022). Following the increasing cases of cyberbullying in many schools across the continent today, there is a significant call for appropriate measures to be taken whenever this incidence is reported in schools. Applicable laws and ethics should always be incorporated when addressing an issue of cyberbullying between students (Myers & Cowie, 2019). If a student reports being subjected to cyberbullying through her classmate’s Facebook page, the first step I would incorporate the laws of my state on cyberbullying and the U.S. law on cyberbullying and the First Amendment.
Steps to be Taken in the Case of Cyberbullying
In Maryland, the law requires that any student who violates the policy is subject to disciplinary actions accordingly as specified in the Code of Maryland State Board of Education Regulation §13A.01.04.03 School safety (Maryland anti-bullying laws & policies, 2021). The district’s school board policies in Maryland operate under The Jamari Terrell Williams student Bullying Prevention Act No. 2018-472 (Cyberbullying in Maryland schools, n.d.). The Act requires that any incidence of bullying should first be confirmed and then reported to the school administration or any senior personnel in the school setting, such as a class teacher. After reporting the incident, the school faculty handbook in all Maryland district schools requires that the school administration launches an investigation to confirm the matter and determine if the violation is serious or minor for effective disciplinary cases. For instance, if the bullying involves serious threats such as death, the accuser is subject to suspension or expulsion.
The actions I would take in the cases presented in this study align with the laws of my state concerning Cyberbullying and the U.S. in some schools. The procedure for this case would include keeping records of all the communication involved to initiate proper response and reaction. The communication, in this case, could that on social media, text messages or emails. The incident should then be reported to the school administration for investigation (Hudson, 2020). The parents of both the bully and the harassed learner can be summoned and briefed on the matter. Based on the rules and responsibilities governing a student in public schools in Maryland, every student’s priority in bullying incidents should be health. These requirements are specified in the student handbook in every school in this state (Tagaymuratovna, 2022). To address any mental health impact, such as stigma that might have arisen in the incident, the victim should be offered counselling services and support to cope with the situation as investigations are going on
Possible First Amendment Arguments that might arise in the Case
The cyberbullying case in this study is likely to attract varying opinions and arguments based on the First Amendment law. For instance, the accuser might argue that they have the right and freedom to express their opinions or post their beliefs on their Facebook page, as it is protected under the First Amendment (Kalansooriya, 2022). The First Amendment guarantees every American the freedom of expression on any subject of their interest, including religion. It also gives one the right and opportunity to petition whenever their actions are questioned. In the same way, the accuser, in this case, has the right to petition against their allegation of the violation.
Responses to the Possible Arguments
While the First Amendment guarantees one the freedom of speech and any other form of expression, this law does not protect a few limitations. For instance, the accused student must understand that they are not protected from the speech or any form of expression that causes incitement, fraud, threats and defamation, among other intimidating messages (Kalansooriya, 2022). Since cyberbullying involves using electronic messages to accuse other parties, it can be considered incitement or defamation and is hence not protected by the First Amendment.
There are regulations on what can be posted on social media platforms, including (Facebook Kalansooriya, 2022). In addition, the schools do have regulations for offensive speech. If an action or an online activity disrupts the learning process of a student, then there will be disciplinary action (Myers & Cowie, 2019). School should be where all learning can learn and interact without adverse mental instability caused by another student, teacher, parent or support staff. It is good to note that cyberbullying is not tolerated in the Constitution of the United States (Lapshin & Klimakov, 2019). It is illegal to harass or threaten an individual. Appropriate action should be taken to maintain a safe environment for learning. Whenever cyberbullying occurs, an investigation should be carried out, and proper action should be taken. Orderliness needs to be upheld in school. There should be no online harassment of any student on social media platforms.
References
Cyberbullying in Maryland schools. (n.d.). CNS Maryland – Capital News Service. https://cnsmaryland.org/interactives/cyberbullying/cyberbullying-in-maryland-schools/index.html
Hudson, D. L. J. D. (2020). Cyberbullying and Freedom of speech. New Mexico Law Review, pp. 50, 287.https://heinonline.org/HOL/LandingPage?handle=hein.journals/nmlr50&div=18&id=&page=
Kalansooriya, N. (2022). Cyberbullying Vs Freedom of speech and right to privacy. Papers.ssrn.com. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4168210
Lapshin, I. Y., & Klimakov, A. V. (2019). Cyberbullying and cyberstalking as moral and legal concepts. www.atlantis-Press.com; Atlantis Press, https://doi.org/10.2991/iccessh-19.2019.398
Maryland anti-bullying laws & policies. (2021, November 9). StopBullying.gov. https://www.stopbullying.gov/resources/laws/maryland
Myers, C.-A., & Cowie, H. (2019). Cyberbullying across the lifespan of education: Issues and interventions from school to university. International Journal of Environmental Research and Public Health, 16(7), 1217. https://doi.org/10.3390/ijerph16071217
Tagaymuratovna, P. D. (2022). Cyberbullying as a socio-psychological problem and legal ways to solve it abroad. EPRA International Journal of Research and Development (IJRD), 7(2), 28–31. http://www.eprajournals.net/index.php/IJRD/article/view/47
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