LIBEL vs.
FREE SPEECH
As social media grows in popularity, several students cross the line between their First Amendment rights and the crime of libel without realizing it
by Sierra Lollar, Madi Slack, and Braylynn Eads
T
he current generation can use the Internet for almost anything. Homework, shopping and social networking are popular Internet activities among teens. On the Internet, one can find so many ways to get his or her opinion out into the world. Facebook statuses, tweets, Instagram photos and Tumblr posts are just a few. Although students have a lot of freedom on the Internet, how can they make sure that what they are saying will not get them in trouble with the school? Although this seems unlikely, 10 students from Granite City High School in Illinois learned the hard way that the improbable can occur. One student from the school sexually objectified a teacher in a tweet. He was suspended, as well as anyone who retweeted or favorited the tweet. More locally, students from North were suspended for five days after creating an account in a teacher’s name. They posted inappropriate tweets, pretending to be the teacher. In the age of the Internet, freedom and power seem easy to come by. One might post anything they want online, thinking there will be no retributions to pay. So how far is too far? Read on to find out what you can and cannot say on the Internet.
What is the difference between free speech and libel? Free speech is defined by dictionary.com as “the right of people to express their opinions publicly without government interference.” However, free speech has laws against libel. Libel is defined as “defamation in writing or print.” This means that if one uses his or her Internet power to attack the reputation of another person, they are committing a crime and can be punished. For example, saying you dislike a teacher on Facebook would be protected under First Amendment rights because it is your opinion. However, tweeting that a teacher stole a television set from Wal-Mart would be considered libel, as it is likely to have a negative effect on their professional life. Libel and slander, contrary to what most people believe, are actually not the same thing. Slander is making a false or malicious statement orally about someone and does not have much to do with the internet. Libel is if you would put slander in writing, like posting it on a social media site.
14
THE TRIANGLE
What rights do the First Amendment protect? “Congress shall make no law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging the freedom of speech, or of the press...” The First Amendment is the basic right in the United States to give your opinion freely without fear of punishment. This, however, does not hold true when it comes to libel or slander. The First Amendment does not protect a statement about someone that is unproven but could hurt their reputation. If what is said could hurt someone’s reputation but is a proven fact then it is protected. It also protects anything said or written as an opinion instead of fact. Some people think these laws only apply to something that is widely seen, like a newspaper or television show. This is far from the truth. First Amendment rights apply to the Internet and so do the laws of libel and slander. Posting it on a social media account or other Internet site is just as unlawful and can lead to big trouble for the owner of the account.