Bullying

I’ve been hearing/reading a lot lately about bullying in our schools. I’m certain bullying exists and I’m certain there are a lot of students who are abused by the bullying. Sadly, some of these students end up hurting themselves. Some even take their own lives. Despite the fact that bullying is a legitimate concern, those in charge of our schools have to exercise caution so they don’t trampel on a student’s first amendment rights.

Consider some of the remarks made in Vail v. Board of Ed. of Portsmouth, some 28 years ago (see 354 F.Supp. 592 (D.C.N.H. 1973)). “Free speech under the First Amendment is not absolute, and the extent of its application may properly take into consideration the age or maturity of those to whom it is addressed. As Justice Stewart stated in his concurring opinion in Tinker v. Des Moines School Dist., supra, ‘the First Amendment rights of children are not co-extensive with those of adults.’ 393 U.S. at page 515, 89 S.Ct. at p. 741. It is generally held that the constitutional right to free speech of public secondary school students may be modified or curtailed by school regulations ‘reasonably designed to adjust these rights to the needs of the school environment’.....But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk.............. and our history says that it is this sort of hazardous freedom-this kind of openness-that is the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society. In order for the State in the person of school officials to justify prohibition of a particular expression of opinion, it must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.
Certainly where there is no finding and no showing that engaging in the forbidden conduct would ‘materially and substantially interfere with the requirements of appropriate discipline in the operation of the school,’ the prohibition cannot be sustained.” All pendulums swing and I’m fine with that. That said, my hope is that as we stand up to bullies, we don’t also stand up to the first amendment as well.