On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 7

student groups. Rosenberger, 515 U.S. 819; Widmar v. Vincent, 454 U.S.
263 (1981).
Students should not mistake their First Amendment rights for a license to
intentionally victimize others. Use of “fighting words—those which by
their very utterance inflict injury or tend to incite an immediate breach of
the peace” with “personally abusive epithets” is not protected by the First
Amendment. Chaplinsky v. New Hampshire, 315 U.S. 568, 572 (1942);
Cohen v. California, 403 U.S. 15, 20 (1971). Speech with the intent of
placing the victim in fear of bodily harm or death is considered
intimidation and is not protected by the Constitution. Virginia v. Black,
538 U.S. 343, 360 (2003).
The US Supreme Court has not yet addressed the issue of cyberbullying,
and the law surrounding it is still in flux. Lower courts, however, have
upheld school policies aimed at preventing cyberbullying. J.S. v.
Bethlehem Area Sch. Dist., 569 Pa. 638, 807 A.2d 847 (2002). Defamation,
which involves publishing false information with the capacity to inflict
harm on that victim, is not protected by the First Amendment.
The US Constitution gives you an incredible degree of freedom to speak
your mind and express yourself. Thanks to social media, this freedom is
now more powerful than ever before imagined. With the tap of a
touchscreen, you may disseminate information around the world in ways
that contribute valuable new ideas to society, influence important
debates, raise awareness about critical issues, and connect you with a
larger community. However, this same technology can be used, even
unintentionally, to spread misinformation, foster anger and hate, polarize
public debate, and permanently tarnish reputations. Under the First
Amendment, you are largely entrusted with this power. It is up to you to
use it responsibly.
Additionally, remember that the First Amendment applies to public
speech, such as at public schools. You will not enjoy its protections if you
are a student at a private high school or college. Similarly, if you are
employed by a private company, you will not enjoy First Amendment
protections while at work. There, you can generally find rules surrounding
speech in a handbook or other policy documents.
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