Legal and ethical issues

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Legal and ethical issues

• In Cyberjournalism

Or How I stopped worrying and learned to love
the Web
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Cyberbullying

• Online bullying, called Cyberbullying, happens
  when teens use the Internet, cell phones, or
  other devices to send or post text or images
  intended to hurt or embarrass another person.
  Cyberbullying is a problem that affects almost
  half of all American teens. (National Crime
  Prevention Council http//www.ncpc.org/cyberbullyi
  ng)

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Cyberbullying 2

• is when a child, preteen or teen is tormented,
  threatened, harassed, humiliated, embarrassed or
  otherwise targeted by another child, preteen or
  teen using the Internet, interactive and digital
  technologies or mobile phones. It has to have a
  minor on both sides, or at least have been
  instigated by a minor against another minor. Once
  adults become involved, it is plain and simple
  cyber-harassment or cyberstalking. Adult
  cyber-harassment or cyberstalking is NEVER called
  cyberbullying. (stopcyberbullying.org)http//stopc
  yberbullying.org

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Cyberbullying 3

• But Cyberbullying as schools are trying to apply
  it is covered by other means to legal recourse
  libel, invasion of privacy and other lawsuits.
• As it affects scholastic and collegiate media,
  it is really a matter of control and jumping on
  the bandwagon.
• However, the issue is not going away and could
  have a devastating impact on scholastic and
  collegiate media and on the further erosion of
  the Tinker standard.
• Why?

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Layshock v Hermitage Schl Dist.

• The school district in this case argued that the
  times have changed and - specifically because of
  the pervasiveness of online speech - they now
  need the authority to cross what has
  traditionally been a clear line between their
  ability to control or punish students for their
  on-campus speech and the authority to control
  student speech that occurs off-campus and outside
  of school, territory generally reserved for a
  student's parents and the laws governing all
  speakers (e.g., libel, obscenity).

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Layshock 2

• Not only that, the school district asked that its
  authority to control off-campus speech include
  the ability to punish students for "lewd,"
  "vulgar," "indecent" or "plainly offensive"
  speech, terms so vague and expansive that it
  would leave all sides guessing what is
  permissible speech.
• https//www.splc.org/report_detail.asp?id1439edi
  tion46

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What can those in scholastic media do ?

• Create educational materials usable for social
  media and/or blogs that will reach these students
  outside media programs, through groups or fan
  sites dedicated to understanding the issues
• Create social media campaigns through that
  medias advertising
• Create educational outreach and courses through
  virtual environments
• Create podcasts/You Tube messages designed to
  change attitudes and explain historical rationale
  on the issue
• Develop regular media ads/posters/methods of
  reaching teens

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How to complete the outreach

• Emphasize Tinker and legal history of schools
  inability to intervene in speech off school
  property
• Emphasize students educational and civic
  responsibility for their actions
• Develop teaching units for social studies classes
  and other classes that deal with social media and
  civic responsibility
• Hold focus groups to determine how students most
  often would receive info such as text messages

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If we dont?

• Dangers of Layshock and others
• School (government) could reach outside the
  school for nebulous and undefined reasons
• Would almost surely eliminate the provisions of
  Tinker across the board and negate forum
  protection already in place in schools

The biggest issue will be to find the right ways
to reach teens the most effectively who are not
in media programs
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For further information

• First Amendment Lesson Plans
• http//channelonenetwork.com/teacher/articles/2007
  /01/1_voice/lessons.html
• ADL How to handle cyberbullying (for
  educators, family and students)
• http//www.adl.org/education/cyberbullying/tips.as
  peducators
• Web publishing the legal issues
  http//www.splc.org/report_detail.asp?id1453edit
  ion46
• SPLC Layshock article
• http//www.splc.org/newsflash_archives.asp?id1847
  year2008

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For more information

• National Coalition Against Censorship
• http//ncacblog.wordpress.com/2008/12/12/students-
  principals-and-fake-myspace-profiles/
• Free for a fee (intellectual Media law)
• http//www.freeforafee.com/?cat35
• Citizen media law project
• http//www.citmedialaw.org/threats/hermitage-schoo
  l-district-v-layshock
• http//www.citmedialaw.org/threats/doninger-v-nieh
  off

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For more information

• NASB rendition of Layshock decision
• http//www.nsba.org/SecondaryMenu/COSA/Search/AllC
  osaDocuments/LayshockvHermitageSchDistNo06116July1
  02007.aspx