Posts Tagged ‘cyberbullying’

Some Interesting Facts on Teens, Online Media, and Cyberbullying

Tuesday, July 16th, 2013

Yesterday I blogged about the Define the Line website, which is headed up by McGill professor Shaheen Shariff. Here’s a few other interesting things I found on the website:

Shaheen Shariff’s “Define the Line” Website on Cyberbullying

Monday, July 15th, 2013
headshot of Shaheen Shariff

(Photo: McGill)

Shaheen Shariff is a professor with the Faculty of Education at McGill University and is also associated with the Centre for Human Rights and Legal Pluralism at McGill’s law school. She works on social media issues, with a particular focus on cyberbullying. I had the pleasure of meeting Shaheen at the affiliates meeting of the Stanford Center for Internet and Society last week where she gave a very interesting presentation.

Shaheen takes an approach to the topic of cyberbullying that is at once balanced, scholarly, and practically oriented. You can see this reflected in a website that Shaheen directs, Define the Line, which has a wealth of information on educationlegislation, and policy.

The website’s mission is “clarifying the blurred lines between cyberbullying and digital citizenship.” The concept of “digital citizenship,” is, I think, quite a useful one. Here’s how Define the Line explains it:

The concept of digital citizenship is premised on encouraging and developing learning opportunities for youth to develop their online proficiency, engagement and creativity, rather than focusing exclusively on the ways in which digital media can be used detrimentally. A microscopic focus on the negative aspects of digital communication usage among youth ignores the potential benefits of digital media, and the possibility for youth to engage in socially responsible digital behaviour.

Well said.

 

Naomi Goodno: How Public Schools Can Constitutionally Halt Cyberbullying

Wednesday, September 14th, 2011

Naomi Goodno of the Pepperdine University School of Law has posted to SSRN How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Survives First Amendment, Fourth Amendment, and Due Process Challenges.

Here’s the abstract:

There have been all too many recent cases where children are taking their lives because of cyberbullying. One hearbreaking case involved Tyler Clementi, a Rutgers University freshman, who leaped to his death after his roommate secretly taped him having a “sexual encounter” with another young man and posted it on the Internet. Schools, courts, and legislatures are struggling with how to deal with such tragedies.

Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she were dead and inviting other students to join in with him to punch Jane. Over one hundred students log on to and blog about Joe’s website. Jane finds out about it and is too scared to attend school. If no assault of Jane takes place at school, can the school do anything? Can the school discipline Joe for his off-campus behavior? If the school does take action, would that violate Joe’s First Amendment right to free speech? Can the school search Joe’s personal laptop when he brings it to school, or would that violate Joe’s Fourth Amendment right not to be subjected to unreasonable searches and seizures? Indeed, should the school do anything at all?

These are the questions facing legislatures, courts and public schools, and there are no laws or cases that give succinct answers. This article analyzes current precedent and provides guidance on how these issues can be approached. It tackles three of the biggest constitutional challenges: how to create a public school cyberbullying policy that ensures schools are safe without trampling on students’ First Amendment, due process, and Fourth Amendment rights.

This article proposes a novel analysis concerning the First Amendment issue. In order to protect students’ right to free speech, courts and school officials should first consider the reach of a public school’s jurisdiction to regulate speech that occurs off-campus. Even if jurisdiction is proper, the school must also analyze whether it can regulate the substance of the speech. Next the article tackles the due process issues and problems with vague and overbroad constitutional challenges. Finally, the article addresses when school officials can search a student’s personal electronic device when there is suspicion of cyberbullying. No other article has fully addressed this set of constitutional issues.

As part of this analysis, I have drafted a proposed cyberbullying policy that would likely survive constitutional scrutiny.