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Grade 6-8
Cyberbullying
Social Media Cyberbullying Case
A student is accused of posting mean comments about a classmate online. Is it free speech or bullying?
Real World Connection
Similar to Tinker v. Des Moines but for the digital age. When does off-campus speech become the school's business? Courts are still deciding cases like Mahanoy v. B.L. (the "F*** school" Snapchat case).
โก Legal Issues
Free Speech Limits
School Jurisdiction
Cyberbullying Laws
๐ Case Facts
- Posts were made from home on personal device.
- Screenshots spread to school.
- Victim was upset and missed school.
๐ฅ Witnesses
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Defense
Accused Poster
Defendant
Statement
I was just venting! It was on MY account, MY phone, at MY house. The school can't control what I say at home. It's free speech!
Key Facts to Establish
- Off-campus
- Personal account
- Claims free speech
Potential Weaknesses
- Posts were hurtful
- Caused disruption
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Plaintiff/Prosecution
Victim Student
Accuser
Statement
Everyone at school saw it. They laughed at me. I couldn't focus in class. I didn't want to come to school.
Key Facts to Establish
- Emotional harm
- School disruption
Potential Weaknesses
- Posts were opinions, not threats
๐ Jury Instructions
The jury must decide:
- Did the posts cause substantial disruption at school?
- Can the school punish off-campus speech?