Abstract

Abstract:The First Amendment presents challenges for policymakers in their attempts to make the Internet a safer place.The First Amendment has not shown to protect its victims from hate based online communication in its absolutist interpretation.Cyberbullying legislation has restricted free speech and has been ruled unconstitutional.Online hate speech such as cyberbullying language and behavior enjoys the same protection as any other form of speech. The problem of cyberbullying is a complex issue.It is difficult to know if there is one solution or if we need to explore innovative solutions outside the realm of governmental laws.The challenges of legal and non-legal remedies will be discussed in the framework of the First Amendment.A discussion on whether the New Jersey Anti-Bully laws considered to be one of the toughest and recently enacted in October 2011 will stand the challenge of the First Amendment will be addressed.

Citation

McManimon, S. (2012). Cyberbullying, the First Amendment and the Legal Challenge of Advancing Technology. In P. Resta (Ed.), Proceedings of SITE 2012--Society for Information Technology & Teacher Education International Conference (pp. 1565-1572). Austin, Texas, USA: Association for the Advancement of Computing in Education (AACE). Retrieved August 13, 2024 from https://www.learntechlib.org/primary/p/39807/.