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Student Speech and Cyber
Bullying on Social Media
By: Lexi Smith and Therese Boutwell
Think about it..
Raise your hand if you have
ever came across something
in your timeline that was
offensive, or that could be
categorized as bullying,
posted by one of your peers
Issues with Students Cyberbullying on Social Media
Social media is used by billions of people worldwide.
Facebook, one of the most popular social media sites, has
approximately 500 new accounts created every minute and
on average, around 5,000 links are shared per minute every
single day.
This is just one example of how large of an impact being
apart of social media can have on your life.
Communication through these outlets are sometimes unreliable
but regardless of the information being spread, the demand
of the use for social media is only continuously increasin
“You are a bad person and everyone hates you. Have a shitty rest of
your life. The world is a better place without you,”
Online messages such as this one, which led to Megan Meier to commit suicide in 2006, are insanely
common among adolescent and teenage students, and over half of students have been a victim of online
bullying, more than a third have been threatened online, and over fourteen percent have contemplated
taking their own lives as a result.
The Cyber Bullying Virus
The Cyber Bullying Virus
Yoder v. University of Louisville
Plaintiff Nina Yoder
former student at the University of Louisville's School of Nursing (SON)
University and University employees, Ermalynn Kiehl and Marcia Hern
First Amendment rights to free speech and Fourteenth Amendment rights to due
process
She appealed her dismissal from the SON for a blog post on her MySpace page
discussed various aspects of a birth that she witnessed while at SON
discussed several medical, personal, and employment-related pieces of
information
Led to dismissal of the school
Yoder asserted that the Honor Statement, Confidentiality Agreement, and Consent
Form were unconstitutionally overbroad, and that the Consent Form was
unconstitutionally vague.
The policies that she signed as part of the SON program were proven to be valid
and easily understood.
Overall, the courts grant of summary judgement in this case was affirmed.
Tatro v. University of Miami
Appellant, Amanda Tatro, a junior in the Mortuary Science Program at respondent
University of Minnesota
argued that the University violated her free speech rights under the United
States and Minnesota Constitutions by disciplining her for her Facebook post
privilege of access to human cadavers was violated
"Whether a public university violates constitutional free speech rights by
disciplining a student for Facebook posts that contain satirical commentary and
violent fantasy about her school experience but do not identify or threaten
anyone."
Anatomy Bequest Program Human Anatomy Access Orientation Disclosure Form
signed by Tatro
the findings of the CCSB were affirmed, as well as the sanctions imposed
Tatro's Facebook posts were disrespectful and unprofessional.
Murakowski v. University of Delaware
Plaintiff and student, Maciej Murakowski filed against defendant, University of Delaware
alleged violation of his rights under the First and Fourteenth Amendments.
In June 2005, Murajowski established a website using the University's server
contained multiple essays authored by him addressing a variety of topics
Some of those topics reference violence and sexual abuse
Due process
Cynthia Cummings, the Associate Vice President for Student Life, called an
immediate meeting with Murakowski
Disruptive Conduct, Failure to Comply and violating the Responsible Computing
Policy
The Appellate Board upheld the hearing officer's decision, including the imposition
of the sanctions and denied Murakowski's appeal.
Freedom of Speech
"is not absolute at all times and under all circumstances."
True threats
Murakowski’s initial motion was denied in part, regarding the Fourteenth Amendment
claim, and granted in part, as to the First Amendment claim.
Best Strategy to Reduce Student Cyberbullying on Social
Media in the future
Educate Students
New Jersey has recently adopted a bill that requires school districts to teach middle school students how to use
social media responsibly as part of the Core Curriculum Content Standards in Technology.
The Anti-Bullying Bill of Rights Act, which explicitly includes electronic communication within its scope,
applying programs similar to that in New Jersey could increase the students’ knowledge and
understanding of what cyberbullying is, as well as the legal, social, and mental long-term consequences
of students cyberbullying on social media:
1. The legal consequences and penalties for creating, sharing and liking acts of cyberbullying
against other students, including applicable federal and State statutes
2. The non-legal consequences for creating, sharing and liking acts of cyberbullying against
other students including, but not limited to, the effect on relationships, loss of educational
and employment opportunities, and being barred or removed from school programs and
extracurricular activities
3. The potential, based on the unique characteristics of cyberspace and the Internet, of long-
term and unforeseen consequences and emotional damage that can occur as a result of
cyberbullying
4. The possible connection between students and cyber-bullying on social media and its effect on
teens as posts quickly and rapidly disseminate across a large audience-- once its posted its
available forever
Think Before You Post
Activity
What do you like and share on social media?

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Advanced Law presentation

  • 1. Student Speech and Cyber Bullying on Social Media By: Lexi Smith and Therese Boutwell
  • 2. Think about it.. Raise your hand if you have ever came across something in your timeline that was offensive, or that could be categorized as bullying, posted by one of your peers
  • 3. Issues with Students Cyberbullying on Social Media Social media is used by billions of people worldwide. Facebook, one of the most popular social media sites, has approximately 500 new accounts created every minute and on average, around 5,000 links are shared per minute every single day. This is just one example of how large of an impact being apart of social media can have on your life. Communication through these outlets are sometimes unreliable but regardless of the information being spread, the demand of the use for social media is only continuously increasin “You are a bad person and everyone hates you. Have a shitty rest of your life. The world is a better place without you,” Online messages such as this one, which led to Megan Meier to commit suicide in 2006, are insanely common among adolescent and teenage students, and over half of students have been a victim of online bullying, more than a third have been threatened online, and over fourteen percent have contemplated taking their own lives as a result.
  • 4. The Cyber Bullying Virus The Cyber Bullying Virus
  • 5. Yoder v. University of Louisville Plaintiff Nina Yoder former student at the University of Louisville's School of Nursing (SON) University and University employees, Ermalynn Kiehl and Marcia Hern First Amendment rights to free speech and Fourteenth Amendment rights to due process She appealed her dismissal from the SON for a blog post on her MySpace page discussed various aspects of a birth that she witnessed while at SON discussed several medical, personal, and employment-related pieces of information Led to dismissal of the school Yoder asserted that the Honor Statement, Confidentiality Agreement, and Consent Form were unconstitutionally overbroad, and that the Consent Form was unconstitutionally vague. The policies that she signed as part of the SON program were proven to be valid and easily understood. Overall, the courts grant of summary judgement in this case was affirmed.
  • 6. Tatro v. University of Miami Appellant, Amanda Tatro, a junior in the Mortuary Science Program at respondent University of Minnesota argued that the University violated her free speech rights under the United States and Minnesota Constitutions by disciplining her for her Facebook post privilege of access to human cadavers was violated "Whether a public university violates constitutional free speech rights by disciplining a student for Facebook posts that contain satirical commentary and violent fantasy about her school experience but do not identify or threaten anyone." Anatomy Bequest Program Human Anatomy Access Orientation Disclosure Form signed by Tatro the findings of the CCSB were affirmed, as well as the sanctions imposed Tatro's Facebook posts were disrespectful and unprofessional.
  • 7. Murakowski v. University of Delaware Plaintiff and student, Maciej Murakowski filed against defendant, University of Delaware alleged violation of his rights under the First and Fourteenth Amendments. In June 2005, Murajowski established a website using the University's server contained multiple essays authored by him addressing a variety of topics Some of those topics reference violence and sexual abuse Due process Cynthia Cummings, the Associate Vice President for Student Life, called an immediate meeting with Murakowski Disruptive Conduct, Failure to Comply and violating the Responsible Computing Policy The Appellate Board upheld the hearing officer's decision, including the imposition of the sanctions and denied Murakowski's appeal. Freedom of Speech "is not absolute at all times and under all circumstances." True threats Murakowski’s initial motion was denied in part, regarding the Fourteenth Amendment claim, and granted in part, as to the First Amendment claim.
  • 8. Best Strategy to Reduce Student Cyberbullying on Social Media in the future Educate Students New Jersey has recently adopted a bill that requires school districts to teach middle school students how to use social media responsibly as part of the Core Curriculum Content Standards in Technology. The Anti-Bullying Bill of Rights Act, which explicitly includes electronic communication within its scope, applying programs similar to that in New Jersey could increase the students’ knowledge and understanding of what cyberbullying is, as well as the legal, social, and mental long-term consequences of students cyberbullying on social media: 1. The legal consequences and penalties for creating, sharing and liking acts of cyberbullying against other students, including applicable federal and State statutes 2. The non-legal consequences for creating, sharing and liking acts of cyberbullying against other students including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities 3. The potential, based on the unique characteristics of cyberspace and the Internet, of long- term and unforeseen consequences and emotional damage that can occur as a result of cyberbullying 4. The possible connection between students and cyber-bullying on social media and its effect on teens as posts quickly and rapidly disseminate across a large audience-- once its posted its available forever
  • 10. Activity What do you like and share on social media?

Editor's Notes

  1. In the world today, social media is used by billions of people worldwide. It is widely known as a channel of communication that is made to connect people, share information and build knowledge. One of the most popular social media sites is a website known as Facebook. On this social media site alone, 500 new accounts are added every minute and on average, around 5,000 links are shared per minute every single day. This is just one example of how large of an impact being apart of social media can have on your life. There are thousands of social media outlets available at our fingertips and more are being created every single day. Communication through these outlets are sometimes unreliable but regardless of the information being spread, the demand of the use for social media is only continuously increasing. The following paper discusses three separate court cases involving the alleged misuse of social media by students and the suggested strategies that students should use in the future when using social media networks to prevent the misuse of these types of sites.
  2. play from the beginning until 3 minute mark
  3. Activity Directions: Get 2 volunteers from each row to write tweets elaborate Hand out colored stickers (2- 1 for favorite, 1 for retweet) to each row member while the volunteers are creating tweets Stick Purpose of activity