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It is interesting to read how the courts try to walk the
line between supporting student rights and trying to allow school systems the
freedom to discipline their students.
Judge Jacobs frequently makes reference to how there are still many gray
areas in the law of cyberbullying in schools and the decision of the case comes
down to how the local courts feel about a particular issue. The book was published in 2008, and
several of the cases were still pending a vertict at the time of the publication. Also, there are several more states
(including Connecticut) that are not listed as having cyber bullying laws that
have been passed since its publication.
Here is a link to Connecticut’s law (and other state laws), passed in 2011, in case anyone else
is interested in reading how the bullying law was updated.
Some of the cases in this book deal with issues that my
students face quite frequently. One chapter discusses “sexting” and the
consequences of distributing pictures of naked teens (which is considered child
pornography). Most of the teenagers
were charged and convicted. Recently
we had an incident where several of our students were at a party where a girl
passed out from alcohol and several pictures were taken of her being subjected
to lewd acts. Several students
were trying to look at the pictures on their phones during class and gossiping
about what happened. This was
similar to the cases mentioned where the acts happened off campus but they
affected students in school. Several actions were taken against both the
students showing the picture to others and those who continued to gossip
despite staff requests to drop the subject. While it was clear that the
students’ actions were not condoned by the school, I think that it is clear we
missed a chance to try to talk to students about being aware of digital
media. Many of my students are
frequent users of cell phone cameras and have Instagram or Facebook accounts where they post pictures
frequently. They often seem to not
think anything of posting pictures frequently, and find pictures of people
drunk or high funny. This book could help be a powerful teaching tool of the
permanence of digital media and how “once it’s out there, anyone can see
it”. Quotes from and
statistics about bosses, college
professors and other adults reactions to inappropriate media and how it affects
a student’s ability to navigate the world are printed alongside the cases that
changed people’s lives. I think
the best take away message that Judge Jacobs tries to impart (through questions
and presentation of court cases) is that while the students can and do win
their cases, their lives are forever changed and in some cases they lose time
and experiences that they can never retrieve. It would be interesting to have a class divide the
chapters in the book and create an alternate timeline for the cases. How could the student have handled the
situation differently to create a more positive outcome? The project could be
called “Back to the Future” and students could create a video to be shared in
class of how their alternate timeline would have affected the student, his/her
peers, family, and the school officials.
It would be a lesson that emphasized the four C’s of the 21st
century learner by asking the students to be critically think about the
situation and create something together.
It also would bring into focus several important pillars of digital
citizenship (rights and responsibilities, law and access).
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