In 2014, Michele Carter told Conrad Roy to reenter a carbon-monoxide-filled car and proceed with his suicide attempt. She was charged with involuntary manslaughter as text messages surfaced, ones sent by her encouraging Roy to end his own life.

Her defense claimed that the texts were a form of free speech, protected by the First Amendment: “…verbal conduct can never overcome a person’s willpower to live, and therefore cannot be the cause of suicide…”

The court ruled against her favor, yet a broader debate surrounding Freedom of Speech and its implications for state cyberbullying laws remains unresolved. In compliance with the Child Internet Protection Act, various states have proposed making cyberbullying a criminal offense in order to prevent cyberbullying in school. However, some argue that this infringes upon a student’s First Amendment right, especially if the bullying occurs off-campus during non-school hours.

This past June, the North Carolina Supreme Court repealed its 2009-enacted cyberbullying law after reopening the case of a formerly convicted high school student. The court decided that the law –one prohibiting the use of computers to post (or maliciously encourage others to post) compromising information online– was too broad and violated the Freedom of Speech. Courts are now using a “disruption test” to assess the magnitude of cyberbullying accusations, measuring the extent that a student’s actions impacted the school environment.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Essentially, lawmakers are struggling to identify 1) when “free speech” becomes a threat to someone else’s life and 2) at what point can lawful action be taken. Texas Senator José Menéndez proposed new legislation called “David’s Law”, named after a victim of cyberbullying who later committed suicide. Menéndez claims cyberbullying is distinct from free speech and therefore should be criminalized, citing, “The Supreme Court has ruled our right to free speech is regulated by boundaries. You can’t yell ‘fire’ in a crowded theater… can’t make threats against someone’s life and defend it as free speech.”

17 states have criminalized cyberbullying as part of their cyberbullying prevention initiatives. In the meantime, national organizations are working ceaselessly to reduce the frequency of cyberbullying by educating students about proper online behavior.

The freedom of speech does not justify bullying. Find out more about the movement against cyberbullying here.

To learn more about cyberbullying, sign up for our parent newsletter below.

