Essay:Why the First Amendment cannot be used in defense of minor students

This essay was created in response to the comments on this local news story, but it can apply to other situations as well.

The girls in the video are students of a public school, and have First Amendment rights.
Public schools are subject to the rules outlined in the Bill of Rights to an extent. Therefore, students are allowed to express their ideas, except in the case of them being "vulgar, lewd, indecent, racist, or otherwise inappropriate in a school setting." As the girls shouted an obviously racist statement (essentially declaring that they hate black people, using much more offensive terminology), this would not be covered under the bounds of the First Amendment as it applies to public schools.

The video was taken and posted outside of the school, so it cannot punish the students for what they said.
It is true that it was taken outside of a public school, and the lines are not completely clear on how Internet videos are affected by the First Amendment, since it's a new phenomenon. However, schools can punish students for off-campus actions, given that they are:
 * 1) Closely linked to school or likely to affect the school community in some way, and
 * 2) Expected to disrupt schoolwork or discipline.

This was not directed at a specific student, so it doesn't count as bullying.
Bullying is defined as using superior strength or influence to intimidate. Three of the five girls in the video were on the cheerleading squad, meaning they were probably popular and had influence, and it is likely that it intimidated black students at the school. Thus, this fits the definition of bullying.