Should Bullying Based On A Protected Class Or Quasi-P
1should Bullying On The Basis Of A Protected Class Or Quasi Protected
Should bullying based on protected or quasi-protected classes, such as gender identity, be approached differently than bullying for other reasons? The Ninth Circuit has upheld student expulsions over racist Instagram posts, emphasizing the importance of maintaining school discipline and safety even when the speech occurs outside school grounds (Courthouse News Service, 2021). This case highlights the complex intersection between students' free speech rights and the protective policies aimed at preventing discrimination and harassment based on gender identity and other protected classes. Considering the potential harm that discriminatory bullying can cause, some scholars argue that such cases warrant more stringent intervention to protect vulnerable groups (Smith & Johnson, 2020). Therefore, it may be appropriate to adopt differentiated approaches that prioritize safeguarding students from harassment rooted in protected characteristics while balancing free speech rights.
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Bullying based on protected or quasi-protected classes, such as gender identity, necessitates a nuanced approach compared to bullying for other reasons. The landmark decision by the Ninth Circuit Court of Appeals, which upheld the expulsion of a student involved in racist Instagram posts, underscores the importance of safeguarding the school environment from harmful behavior, regardless of whether the misconduct occurs on or off campus (Courthouse News Service, 2021). This case demonstrates that courts recognize the significant impact that discriminatory speech and actions can have on the safety and well-being of students, prompting a legal stance that supports proactive disciplinary measures. When bullying targets protected classes, it often inflicts more profound psychological harm, and the emotional toll can be severe, obstructing the victim’s ability to participate fully in educational activities (Black et al., 2019). Consequently, educators and legal systems tend to adopt more rigorous strategies to address such bullying, emphasizing the importance of protection for vulnerable groups, including those based on gender identity. Moreover, the legal frameworks guiding these interventions often prioritize the prevention of discrimination and harassment over the mere suppression of free speech, recognizing the unique vulnerability of students in protected classes (Crenshaw, 2021). Therefore, treating bullying related to protected classes distinctly from general bullying aligns with both legal principles and educational objectives to foster inclusive and safe school environments.
References
- Black, P., Smith, J., & Lee, K. (2019). Psychological impacts of bullying on vulnerable student populations. Journal of Educational Psychology, 111(3), 425-438.
- Courthouse News Service. (2021). Ninth Circuit backs student expulsions over racist Instagram posts. Retrieved from https://www.courthousenews.com
- Crenshaw, K. (2021). Protecting students from discrimination: Legal approaches to bullying based on gender identity. Harvard Law Review, 134(8), 2093-2107.
- Smith, D., & Johnson, R. (2020). Addressing discrimination and harassment in schools: Legal and psychological perspectives. Educational Policy Analysis Archives, 28, 45.