Social Media, Students, and the Law

Martha McCarthy
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Martha McCarthy: Department of Educational Leadership and Administration, Loyola Marymount University, Los Angeles, CA 90045, USA

Laws, 2021, vol. 10, issue 4, 1-13

Abstract: Escalating social media use has become a worldwide phenomenon, with easier access each day. Teenagers seem particularly likely to use these expanding platforms. This article focuses on one aspect of social media developments—the school’s ability to intervene to curtail the harmful impact of cyberbullying on students. After presenting data on social media use and the scope of cyberbullying, it addresses the authority of school personnel to discipline students for harmful internet expression initiated off school grounds, including threats, harassment, and bullying. The Supreme Court’s decision in Mahanoy Area School District v. B.L. (2021) is addressed in detail as it is the high court’s first ruling in a case involving student off-campus expression. This article concludes with a discussion of legal guidance that is currently available and provides suggestions for school personnel in their efforts to curtail cyberbullying and create a positive school environment. Given the Supreme Court’s ambiguity as to when students can be disciplined for their off-campus speech, school personnel need strategies to prevent hurtful student expression before it takes place, thus avoiding pain to victims and perpetrators. Education is our greatest resource to combat the escalating cyberbullying that is plaguing American youth.

Keywords: student expression; social media; First Amendment; cyberbullying (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
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