1. Cyberbullying and the First Amendment Community Legal Education Program Nebraska College of Law

2. Who am I?

3. Disclaimer This is NOT legal advice.

4. Agenda What is Cyberbullying? Cyberbullying and the First Amendment Allie's Question You Be The Lawyer -- Law Firms

5. What is bullying?

6. What is cyberbullying?

7. Cyberbullying is bullying that takes place using electronic technology. Source: StopBullying.gov What is cyberbullying?

8. Electronic technology includes devices and equipment such as cell phones, computers, and tablets as well as communication tools including social media sites, text messages, chat, and websites.

9. So what does that mean?

10. Facebook / Myspace Twitter Text Messages Blocked phone calls Instant Messages/Chats Websites Message Boards Using to do any of the following harass, intimidate, or otherwise bully another person.

11. Who does this affect?

12. Sameer Hinduja, Ph.D. and Justin W. Patchin, Ph.D. Cyberbullying Research Center. University of Wisconsin - Eau Claire and Florida Atlantic University. 20% of kids 11 to 18 report being cyberbullied.

13. What about YOU?

14. What would happen if we never did anything about cyberbullying?

15. How DO we address cyberbullying? How SHOULD we address cyberbullying? You? Schools? Lawmakers?

16. What you do on the Internet/text message/phone call has REAL LIFE consequences.

17. Legal Ramifications for Bullies

21. What can YOU do?

22. What can you do? 1. Talk about it. 2. Ignore them. 3. Do NOT retaliate. 4. Tell them to stop. 5. Save the evidence. 6. Block access to cyberbullies 7. Report it to the content provider (like Facebook, Youtube, or Twitter). 8. Never pass along cyber bullying messages. 9. Keep photos PG. 10. Protect your password and log out. 11. Set up privacy settings. 12. Google yourself. 13. Think before you post!

23. Cyberbullying and the First Amendment

24. What's the First Amendment?

25. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

26. Is Freedom of Speech Absolute?

28. Is freedom of speech in schools absolute?

29. How do lawyers (and citizens too, for that matter, know what the law is?

30. Statutes and Caselaw

31. How does caselaw work?

32. Student Expression Caselaw Tinker -- schools can restrict speech that substantially disrupts the work and discipline of the school or interferes with the rights of other students. Fraser -- schools can restrict speech that is lewd, indecent, or plainly offensive when it is inconsistent with the school’s educational mission. Hazelwood -- schools can restrict speech in school- sponsored expressive activities when the public might believe the school is endorsing the message presented (as long as the school’s actions are reasonably related to legitimate teaching concerns).

33. Allie's Question Imagine you all are lawyers (hey, if I can do it, so can you!) Allie comes to your office and asks the following. Principal Skinner suspended me for a sign I brought to and displayed at an away football game. I think he's being totally unreasonable and violating my first amendment rights. Can you help? What questions do you need to ask?

34. Law Firms Now, it's your turn. I'm giving you each 3 problems to analyze and discuss in your "firm." Remember to use the rules we learned from the case law and the questions we just came up with.