First Amendment, Social Media And Bullying

School districts around the country continue to struggle with how to balance the First Amendment rights of students with efforts to stop online harassment and bullying. A recent New Jersey case is the latest example.

The Sayreville, New Jersey Board of Education adopted a harassment, intimidation and bullying (HIB) policy that provides that it "shall be exercised only when it is reasonably necessary for the student's physical or emotional safety, security and well-being or for reasons relating to the safety, security and well-being of other students, staff or school grounds." The Board Policy regulates conduct "off school grounds, in accordance with law, that substantially disrupts or interferes with the orderly operation of the school or the rights of other students."