Since the first incidents of cyber-bullying were addressed in the late 1990s, state and federal courts have been split regarding student free speech on the Internet versus the right of schools to maintain a safe and hostile-free environment. The ultimate question is whether a school can discipline a student for his or her speech on a computer or any digital device when done away from school, not at a school event and without using school-issued computers. Several cases have been filed with the Supreme Court in the past year but all were denied review.
In 1997, the Court ruled that the Internet is protected by the First Amendment. But, as in all forms of communication, free speech is not absolute. The “shouting fire in a crowded theatre” rule applies. There are limits based on common sense and the Court’s 1969 ruling in Tinker v. Des Moines Independent Community School District. In that benchmark decision, the Court stated that student speech is protected as long as it doesn’t disrupt the school environment or violate the rights of another person. What a student does online, whether by e-m ail, in a blog or by a tweet, may be censored and consequences imposed if inappropriate under the Tinker test.
Erin Gallagher’s death is the third high-profile apparent suicide linked to cyber-bullying in a matter of weeks. The 13-year-old Donegal girl was found on Saturday after telling friends on a controversial website that she was considering killing herself after being subjected to a bullying campaign. However, the incident is strikingly similar to other tragedies which hit the headlines in recent weeks. At the end of last month 15-year-old Ciara Pugsley, from Leitrim, lost her life after being bullied by teens online. The pupil at St