Online Bullying

[Racoon]

heres a Social Problem that seems to be getting pervasive.

This came to my attention from Eugene, Oregon; traditionally democratic Hippies

The Crux of the Argument is:

Do schools have the right to expell students who E-Mail Hateful, Racist, or Threatening remarks to other students when it occurs OUTSIDE of school property and not from school computers???

The Law seems to be a little Murky.
Schools suggest they can and should to prevent violence from occuring.
Some Lawyers say that infringes on 1st Ammendment rights of Free Speech!

Still up in the air

[orbsycli]

no way,

[Tormod]

Murky indeed. I wonder how they justify expelling students if these acts have nothing to do with school activities. But I can see the school's point though, that they want to set an example. It is however slightly out of their jurisdiction, so to speak.

[Buffy]

How would you define Online Bullying, Racoon? Does the First Amendment protect any statements you might make?

The question is relevant to schools because it is important to understand that the Constitution *only* restricts the actions of government, and the public schools are a part of the government (although some strict constructionists do not believe that the Constitutional restrictions hold for states except in cases that impinge upon interstate commerce!). Independent groups are free to restrict speech for any reason on their own property.

Disregarding the legal issues, do you think its a good idea from a moral or karma standpoint to simply say anything to anyone that you want to?

Sometimes it looks like I'm on a ship of fools,
Buffy

[Racoon]

Originally Posted by Buffy

How would you define Online Bullying, Racoon? Does the First Amendment protect any statements you might make?

According to the News Report,
Students made/have made threatening and/or Racial remarks to other fellow students.
And it happens not unfrequently.
As school bullying usually does at that age... and now with students almost all online at times...

The school is trying to defend its position of saying yes "for the safety of the students and to maintain a healthy environment"
And they have suspended and expelled students already

1st Ammendment lawyers are saying "No, unless the aggressor actually follows through with assault" and "Free speech can be anything including Racist/sexist/threatening remarks so long as its not being said on school grounds"

Thus the Quandry???... The law as "they" put it was "Murky"

The people in Eugene are notoriously liberal.
and perhaps it might not have raised the same Ire as it might have in less tolerant communities.

Should Schools have the right? under those circumstances?

[Racoon]

Originally Posted by Buffy

Disregarding the legal issues, do you think its a good idea from a moral or karma standpoint to simply say anything to anyone that you want to?

There are Morals to consider when talking to people.
anything to anyone is pretty darn vague.

I can't be responsible for someone elses interpretations or "reactions" to what "I" say and vice versa

I am pretty thick skinned though, so thats just me
some people are so easily offended at some things that to me it doesn't really matter.
Unless its a Libel case

[learnin to learn]

I dont think that the kids should get suspendend or expelled just becuase they were not at school or at a school event when they send the emails.
But, An counseloradmistrator should get involved in some form. Like having the school counselor talk to the child who sent the email.

[InfiniteNow]

Why should this be treated any differently than any other form of hateful communication off school grounds?

If Jim-Bob calls Leroy a derogatory name in the Quickie Mart, should the school expel him?

If Tonya sends Blaine a certified letter calling him a homo, should she be expelled?


In what way should the online component be treated any differently?

[pgrmdave]

I don't see this as a free speech issue - threatening remarks are illegal, to a degree. Free speech isn't absolute. However, as much as schools think that they have complete juristiction over a child's life, they do not. They only have the authority to deal with problems that occur in school. They do have a responsibility to deal with known problems, however - they should report them to the proper authorities.

[Pyrotex]

Originally Posted by pgrmdave

I don't see this as a free speech issue - threatening remarks are illegal, to a degree. Free speech isn't absolute. However, as much as schools think that they have complete juristiction over a child's life, they do not. ...

I don't think this is a "liberal" versus "conservative" issue either, as something similar came up in a conservative Texas town recently. Actually, all towns in Texas are conservative except Austin, which is the state capitol.

I'm wondering if it isn't a political move by members of the school board or local dept of educ. "Look at me! I'm tough on crime! When I'm up for election as Judge, remember all the 5th graders I sent to reform school for calling their schoolmates buegers (which is a hateful racist term in 14th Century French literature)."

It may also be an attempt to forestall litigation. A lot of this is happening. Some kid gets socially bruised or abused and the parents sue the school.