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MORE THAN 25 percent of teens and adolescents have been bullied reportedly through the Internet or their cell phones. These statistics were obtained by the i-SAFE foundation. More than a quarter of Americas teens report being harassed and humiliated through electronic media. It is up to the schools to ensure that the learning environment remains undisturbed, up to fellow students to report cyberbullying they may witness, and up to the courts to uphold the First Amendment without allowing these students to be harmed.

The First Amendment of the United States Constitution states that Congress shall make no law... abridging the freedom of speech. However, our First Amendment right does not need to be limited to limit the impact of social comments conveyed through social media. In 1969, the Supreme Court case of Tinker v. Des Moines centered on students protesting the Vietnam war by wearing black arm bands to school. The school insisted the students remove the bands, and the students argued that this limited their right to free speech.

The court ruled in favor of the students, stating that this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students. Although the school did not win in this case, it set the precedent that schools can combat bullying that intrudes upon the work of the schools or the rights of other students, disrupting students education.

However, while a school has the right to punish a cyberbully for disrupting education, it does not have the right to invade students online accounts without cause, as this does violate a bullys First Amendment right. Therefore, it is the duty of the target and the fellow students to stand up and report cyberbullying so the school may then determine whether a students education is being disrupted and, if so, decide consequences for the bully. The saying sticks and stones may break my bones, but words can never hurt me is less accurate today. Between texting and social media, the words written electronically are forever. A hurtful comment to a peer is no longer just a passing insult in the hallway.The psychological and emotional torture of cyberbullying is real and devastating.

According to ABC News, 160,000 kids stay home from school each day to avoid bullying. About 4,000 young people commit suicide each year, with bully victims being two to nine times more likely to consider suicide, according to Yale University.

While the First Amendment must be protected, so must the lives and the education of students. When students opportunity to learn is ripped from them as a result of cyberbullying, schools have a right and a duty to intervene on behalf of the victim.

As Andrew Johnson once said, honest conviction is my courage; the Constitution is my guide. With the Constitution as a guide, schools must honestly convict those perverting the First Amendment to infringe upon any students right to education.

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Kayla Bullwinkel is a senior at Millford High School. With this essay, she won this years New Hampshire Constitution Day essay contest, sponsored by the New Hampshire Supreme Court, the Nackey Loeb School of Communications, and several New Hampshire newspapers,

Originally posted here:
Kayla Bullwinkel Schools must go after cyber bullies while respecting the First Amendment