Is cyberbullying protected by freedom of speech?

Kiko Anderson
is cyberbullying protected by freedom of speech

Nothing is more alarming than hearing that your child has been bullied. And with the rise of the digital age, cyberbullying has become a pervasive and pressing issue that parents need to address. Perhaps you’ve wondered about the legality of such actions and whether or not cyberbullying is protected by freedom of speech. In this blog post, we’ll explore the question of is cyberbullying protected by the freedom of speech and its impact on victimized individuals.

The Consequences 

First off, it’s important to note that there is no law specifically prohibiting cyberbullying. However, it’s not without consequence. The targets of cyberbullying may pursue legal action under harassment and stalking laws in the United States. The First Amendment of the Constitution protects our freedom of speech, but there are limitations to what we can say and how we say it. For example, we can’t yell “fire” in a crowded movie theater without consequences. This same principle applies to cyberbullying. The courts have ruled that speech which threatens or harasses an individual is not protected by the First Amendment. 

Criminal Charges 

In fact, cyberbullying can result in criminal charges, particularly in cases of cyberstalking. Cyberstalking is defined as the repeated use of digital communication to threaten or harass someone. It’s a form of stalking that occurs on the internet or through other electronic means. In some states, cyberstalking is a felony offense. This means that individuals who engage in these activities may face jail time and other serious consequences.

Effect on Mental Health  

Another factor to consider is the impact that cyberbullying can have on mental health. Studies have shown that cyberbullying can lead to anxiety, depression, and even suicidal ideation among children and teens. Parents need to recognize the severity of cyberbullying and work with their kids to create an open and honest dialogue about it. They should educate their children about the dangers of cyberbullying and monitor their online activity, particularly on social media.

How to Stop This From Happening 

Additionally, parents need to teach their children about responsible digital citizenship. While some may view the internet as a place where anything goes, the reality is that we need to apply the same principles of civility and respect that we do in real life. Encouraging children to think critically about the content they share, who they share it with, and the impact it may have on others is essential for navigating the digital landscape safely.


In conclusion, it is important to understand that cyberbullying is not protected by freedom of speech in the United States. Although there is no specific legislation targeting cyberbullying, individuals who engage in such behavior can face legal consequences under existing harassment and stalking laws. Cyberstalking, for instance, is considered a felony offense in certain states. Additionally, Troomi Wireless, a secure smartphone designed for kids, provides parents with the ability to access their children’s text messages and control their app usage. This added control and supervision offered by Troomi Wireless enables parents to ensure a safe and responsible digital experience for their children. By combining awareness, education, and responsible digital habits, we can strive to combat cyberbullying while upholding our fundamental values.

Wanting to explore more about Troomi? Click here to learn more!