Can Schools Regulate Cyberbullying, Harassment, and Social Networking?

Can Schools Regulate Cyberbullying, Harassment, and Social Networking? Scott McLeod, J.D., Ph.D.

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15 credits of graduate coursework
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Lots of resources for K-12 leaders
Principal Blogging Project
School Data Tutorials and other DDDM resources
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Disclaimer
We are not in an attorney-client relationship. Do not construe anything I say as accurate legal advice. For any and all legal questions, I strongly recommend that you speak with a reputable attorney who specializes in school law issues.

Warning
This presentation is rated PG-13 for vulgar language, violent imagery, content of lewd and sexual nature

Principle 1
Schools have an affirmative obligation to protect students and/or employees from harassing, threatening, and/or bullying conduct

Principle 2
The default rule is that student speech in schools is protected.

3 Supreme Court exceptions
material and substantial disruption (or reasonable forecast thereof) ( Tinker v. Des Moines )
vulgarity ( Bethel v. Fraser )
legitimate pedagogical concern ( Hazelwood v. Kuhlmeier )

What about student conduct outside of school?
Fights off school grounds
Illegal drug / alcohol use
Underground newspapers
Peaceful protests

Principle 3
Schools may discipline students for out-of-school conduct that substantially interferes with the normal operations of the school

Beussink (1998, MO)
High school senior made web page highly critical of school administration; some vulgarity
Invited readers to contact the school principal to express opinions about school and linked to school web page
Another student showed web page to teacher
Student suspended for 10 days; failed four classes

Can school discipline student?
Yes
No

J.S. v. Bethlehem (2000, PA)
8th-grader made “Teacher Sux” web site
Disrespectful language re: principal
Violent language / imagery re: teacher
Teacher fear, stress, medical leave
Student suspended for 10 days, recommended for expulsion

Yes
No

Emmet (2000, WA)
High school senior / basketball team co-captain made “Unofficial Kentlake High Home Page” with mock obituaries
Visitors could vote on who would “die” next
TV show ran story on web page with “hit list”
Student suspended for five days, including basketball team’s playoff game

Yes
No

Killion (2001, PA)
High school student / member of track team made an insulting “Top Ten” list about athletic director
E-mailed list to friends; list made it to school
Student suspended for 10 days

Yes
No

Coy (2002, OH)
Student created web site for skate boarder group that contained some insulting, profane material
Student accessed web site at school
No other students viewed site
Suspended for 4 days, expelled for 80 days (later modified to 80-day probation period)

Yes
No

Mahaffey (2002, MI)
Created ‘Satan’s web page’
‘people that are cool’ / ‘people I wish would die’/
‘movies that rock’ / ‘music I hate’ / ‘music that is cool’
‘Satan’s mission for you this week’
Student suspended, recommended for expulsion

Yes
No

How’d you do?
Use of Tinker test ( material and substantial disruption )
The only case that schools won was J.S. v. Bethlehem (teacher medical leave)
Strong protections for students’ constitutionally-protected speech rights

Principle 4
If they have a strong acceptable use policy, schools can regulate student cyberspeech if done during school time and/or using school computers

Principle 5
Schools have more leeway with employees

Employee cyberspeech
School employees are “agents” / representatives of the school
Employee speech protected only if
on a matter of legitimate public concern, and
not outweighed by school’s responsibility to manage its internal affairs and to provide effective and efficient service to the public

Upcoming Supreme Court case

Review
Substantial interference is a high hurdle for schools
Schools can always educate
Schools should regulate with caution
Private lawsuits are always a possibility
Schools have more leeway with employees than with students

Get this presentation!
www.scottmcleod.net/ties2006

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Can Schools Regulate Cyberbullying, Harassment, and Social Networking?

by Scott McLeod

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