• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

NetFamilyNews.org

Kid tech intel for everybody

Show Search
Hide Search
  • Home
  • Youth
  • Parenting
  • Literacy
  • Safety
  • Policy
  • Research
  • About NetFamilyNews.org
    • Supporters
    • Anne Collier’s Bio
    • Copyright
    • Privacy

Supreme Court decision & our kids: About context not free speech

June 1, 2015 By Anne Leave a Comment

Today’s decision by the US Supreme Court sent a clear message about the importance of context for making decisions about what we see online. It was bad news for victims of online harassment and their advocates but good news for parents of kids not thinking about the impact of their online speech and actions.

supremecourt“The Supreme Court ruled in favor of “a Pennsylvania man who posted several violent messages [against his estranged wife] on Facebook and was convicted under a federal threat statute,” CNN reported. But if this ruling comes up in classroom or family discussions, it’s important for parents and educators to tell kids that this decision was not the US’s highest court saying that physical threats in social media is acceptable. What the Court’s saying is that the lower court that convicted the man for his online speech didn’t have enough to convict him “based solely on the idea that a reasonable person would regard” the man’s comments in Facebook as a threat. “The Court held that the legal standard used to convict him was too low, but left open what the standard should be.”

The decision was about legal process not what people can or can’t say online or even how what’s said should be taken by others. It says that courts – and in the case of young people, parents, school administrators and law enforcement – need context. They can’t rely on what any “reasonable person” sees in a post or comment to decide what to do about the post or comment.

Though extremely difficult for targets of online harassment and bullying to hear, the decision might make things easier for kids who make cruel-seeming or stupid but honest mistakes. It shows that decisionmakers – from parents to school officials to online services to law enforcement – need to investigate enough to get a handle on intentions – whether malicious or mistaken. That’s what Internet and social media helplines are for and why I decided to help develop one for schools in the United States. It’s certainly important and helpful to get harassing or hateful content taken down that violates Terms of Service, but helplines are also about helping decision makers of all kinds, including online services get much-needed offline context. Because people who didn’t grow up with the Internet making decisions about people who did sometimes don’t understand that online speech isn’t a problem all by itself existing in a vacuum – that what happens online is more about our humanity, what’s going on in our heads, everyday lives and relationships, than our technology. Because in this digital age, with new degrees of anonymity and transparency and “speech” distributed across vast distances, context is more important than ever.

But this cannot, must not, lesson the need – greater than ever too – for all young users of digital media to have classes in what might be called Digital Age Literacy, which includes digital literacy, media literacy, ethics and social literacy, or social-emotional learning.

Share Button

Filed Under: hate speech, Law & Policy, Risk & Safety Tagged With: free speech, online harassment, Supreme Court

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

NFN in your in-box:

Anne Collier


Bio and my...
2016 TEDx Talk on
the heart of digital citizenship

Connect with me on LinkedIn
See me on YouTube way back in 2011!

IMPORTANT RESOURCES

Our (DIGITAL) PARENTING BASICS: Safety + Social
NAMLE, the National Association for Media Literacy Education
CASEL.org & the 5 core social-emotional competencies of SEL
Center for Democracy & Technology
Center for Innovative Public Health Research
Childnet International
Committee for Children
Congressional Internet Caucus Academy
ConnectSafely.org
Control Shift: a pivotal book for Internet safety
Crimes Against Children Research Center
Crisis Textline
Cyber Civil Rights Initiative's Revenge Porn Crisis Line
Cyberwise.org
danah boyd's blog and book about networked youth
Disconnected, Carrie James's book on digital ethics
FOSI.org's Good Digital Parenting
The research of Global Kids Online
The Good Project at Harvard's School of Education
If you watch nothing else: "Parenting in a Digital Age" TED Talk by Prof. Sonia Livingstone
The International Bullying Prevention Association
Let Grow Foundation
Making Caring Common
Raising Digital Natives, author Devorah Heitner's site
Renee Hobbs at the Media Education Lab
MediaSmarts.ca
The New Media Literacies
Report of the Aspen Task Force on Learning & the Internet and our guide to Creating Trusted Learning Environments
The Ruler Approach to social-emotional learning (Yale Center for Emotional Intelligence)
Sources of Strength
"Young & Online: Perspectives on life in a digital age" from young people in 26 countries (via UNICEF)
"Youth Safety on a Living Internet": 2010 report of the Online Safety & Technology Working Group (and my post about it)

Categories

Recent Posts

  • Safety by co-design: How we can take youth online safety to the next level
  • Much-less-social media on Facebook’s 20th birthday
  • What child online safety really needs, senators
  • Welcome to 2024!
  • Supporting the youngest witnesses of this humanitarian crisis
  • Should our kids learn how to use generative AI? Well…
  • The missing piece in US child online safety law
  • Generative AI: July 2023 freeze frame

Footer

Welcome to NetFamilyNews!

Founded as a nonprofit public service in 1999, NetFamilyNews quickly became the “community newspaper” of a vital interest community of subscribers in more than 50 countries. Site and newsletter became a blog in the early 2000s. Nowadays, you can subscribe in the box to the right to receive articles in your in-box as they're posted – or look for toots on Mastodon or posts on our Facebook page, LinkedIn and Medium.com. She welcomes your comments, follows and shares!

Categories

  • Home
  • Youth
  • Parenting
  • Literacy
  • Safety
  • Policy
  • Research

ABOUT

  • About NFN
  • Supporters
  • Anne Collier’s Bio
  • Copyright
  • Privacy

Search

Subscribe



THANKS TO NETFAMILYNEWS.ORG's SUPPORTER HOMESCHOOL CURRICULUM.
Copyright © 2026 ANNE COLLIER. ALL RIGHTS RESERVED.