Free Speech vs School Safety

In Griffith Public Schools, the debate rages: What is the line between cyberbullying and free speech?

Three girls made some comments on Facebook that may have been threatening.  They discussed killing classmates; suggested putting someone in a bathtub of acid and setting it on fire; debated whether it was better to kill with a knife or a gun; and brainstormed ways to hide the evidence.  The mother of a student who was mentioned by the girls brought in a print-out of the thread when her daughter became afraid to come to school.  The principal suspended, then expelled them for violations of rules posted in the handbook.

The ACLU is suing the school for violating the free speech rights of the three girls.  Their argument is that the girls were joking, as indicated by the use of smiley 'emoticons', and the text acronyms 'LOL' and 'ROFLMAO'.  Gavin Rose, an ACLU attorney, had this to say, "The legal analysis asks whether a reasonable person viewing the conversation would conclude that the girls were about to inflict imminent harm. I think the use of emoticons and other forms of Internet-speak are simply one factor demonstrating that that was not the case."

A person who hurts others, and laughs while doing it, is not necessarily joking.  True bullies take pleasure from the pain of others, so the use of emoticons is not convincing to me.  What is missing is the knowledge that the local educators would have, the indicators that would indicate whether the girl's behavior was aberrant, or plausible.  What is the disciplinary records of the three, if any?

In any event, cyberbullying is an area of school safety that is still being defined, both in schools, and in the courts.  The bottom line is the protection of the students within the school.

Whether they're joking or not.

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