Sydney+Sill

**Fingertips Away from Freedom: Freedom of Speech when using the Internet**
Guided Research Question: When using the Internet, what should your freedom of speech rights be?

Summary: This topic really zones in on cyber bullying. When using social media websites on the Internet, there are many cases where things can get out of hand. There is so much bullying that occurs via the internet and in result of this, people can take their lives due to so much hate. I chose to focus in on freedom of speech when using the Internet because that is what it boils down to.If we have limits to what we can say and do on the Internet it may end Cyber Bullying. Though if we take away a persons full rights to freedom of speech, then it could start a controversy. This is a topic that needs to be discussed.



"Social Media & Cyber Bullying." //Social Media & Cyber Bullying//. N.p., n.d. Web. 12 Nov. 2012. .



"Cyberbullying What A Parent Should Know." //Cyberbullying What A Parent Should Know//. N.p., n.d. Web. 12 Nov. 2012. .


 * The good and bad sides to freedom of speech rights when using the Internet.**


 * Pros || Cons ||
 * You would be allowed to post whatever you long to on the Internet || Children may see vulgar images and videos ||
 * You may post vulgar images on the internet || Someone could make a social media account using your name ||
 * You can have a conversation using whatever words you would like to with someone via the Internet || You could be bullied via the Internet if it is not censored ||
 * You will not be limited as to what sites you can access || You would be limited as to what you could post on the Internet ||
 * You will be allowed to bully or talk down to anyone on the Internet || If you were caught bullying someone, they could remove what you have posted ||
 * You will be able to create any social media account using a name other than yours || Some words you wish to use on the Internet could be restricted ||
 * || You could be restricted as to what cites you may view on the Internet depending on your age ||
 * || You may be restricted on what you can blog about ||
 * || People could be hurt emotionally and physically by what people post on the Internet ||


 * Court Case Descriptions**

J.C. v. Beverly Hills School. 757 F. Supp.2d 1094. United States District Court Central District of California. 1983. This source was about a court case held in favor of a suspended student from Beverly Hills. It established the principle that in order to discipline students for off- campus Internet bullying, school administrators must establish that the activity had some sort of negative impact on the school or students enrolled in the school.

J.S. v. Blue Mountain School District. 650 F. 3d 915. United States Court of Appeals for The Third Circuit. 2009. This source is a court case about a girl from Blue Mountain School District, who was suspended for creating a MySpace profile that made fun of her middle school principal James McGonigle. The MySpace page made fun of McGonigle by stating adult language and sexually explicit content. The girl’s parents Terry and Steven Snyder, sued the school because they said it violated her first amendment rights. They said that since it was not done at school, the school had no right to suspend her. Though the court ruled that the school did not violate her first amendment rights due to their process rights.

Kowalski v. Berkeley County Schools. 652 F.3d 565. United States Court of Appeals for the 4th Circuit. 2011. This source is a court case about a teenager named Kara Kowalski who made a MySpace page titled “S.A.S.H” which stood for "Students Against Sluts Herpes". Kowalski used this page to bully another female classmate and was then suspended because of it. The court said that if this situation was not taken under control then it could have a snowball effect. The charges against Kowalski remained because it would further progress had they not.

"What I Think"

 I fully believe that what we should have the right to freedom of speech. Though I also believe that if we are not responsible enough to use this right in an adult and responsible manner then this right should be restrained. It is disappointing and degrading to our country when we have lives taken over this issue. This is not a minor issue to be over looked. When cyber-bullying is a leading cause to death in teenagers it most certainly does not need to be disregarded.

I have come to the realization that this cyber-bullying issue is nearly impossible to stop. Examples have been shown such as the J.C. v. Beverly Hills School case and the J.S. v. Blue Mountain School District case; both ruling in the plaintiffs favor, that the school cannot discipline if a disruption does not occur in result of the accused action. There is a fine line as to what the school can and cannot do when a situation such as this arises. It can be costly to the school if the wrong action is taken because the school can be taken to court over it. The most important thing we can do to help this issue is act like adults in the situation. If Americans are not responsible enough to keep their unnecessary demeaning thoughts and words to themselves, then they are definitely not responsible enough to maintain a social media account. Of the court cases I researched and found, more were ruled in favor of the plaintiff, that being the bully. Most every case viewed the bully as innocent in the situation. I found this very surprising and disappointing but at the same time I understand the difficulty when dealing with in and out of school punishment. Although, some court cases viewed the plaintiff as guilty due to further disruption of the matter. Regardless, the main point and the most important point to remember is that this topic is all opinionated. Everyone has the right to their own opinion. But, Americans should formulate their opinion responsibly and in an adult manner when pertaining to an issue such as this. Just as Dr. Martin Luther King Jr. had the right to voice his beliefs in front of two hundred thousand people on the Civil rights movement, we too have that right to freedom of speech. Although it is up to us to use it in a responsible way that is honoring to our home we as one make up, called America.

Works Cited

Cyberbully. Muse Entertainment Enterprises. 2011. "Editorial: Cyberbullying Victim Turn to Courts." CJOnline.com. N.p., n.d. Web. 27 Nov. 2012.

J.C. v. Beverly Hills School. 757 F. Supp.2d 1094. United States District Court Central District of California. 1983.

J.S. v. Blue Mountain School District. 650 F. 3d 915. United States Court of Appeals for The Third Circuit. 2009

Kowalski v. Berkeley County Schools. 652 F.3d 565. United States Court of Appeals for the 4th Circuit. 2011.

"Supreme Court to Consider cyber-bullying cases" The Post-Star. N.p., 15 Jan. 2012. Web. 14 Nov. 2012

"Top court defends girl’s anonymity in cyberbullying case." The Globe and Mail. N.p., n.d. Web. 27 Nov. 2012.