Cyber Bullying WC Files (2)

8/2/2019 Cyber Bullying WC Files (2)

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West Coast 2010

December PF

West Coast

Public Forum

December 2010

Cyberbullying Topic

West Coast .................................................................................................................................................... 1

Topic Analysis 1/2 ..................................................................................................................................... 2

Topic Analysis 2/2 ..................................................................................................................................... 3

Topic Definitions ....................................................................................................................................... 4

Pro ................................................................................................................................................................. 5

Cyberbullying Is Prevalent ........................................................................................................................ 6

Cyberbullying Is Increasing ....................................................................................................................... 7

Cyberbullying Is Harmful ........................................................................................................................... 8

Cyberbullying Is Real Bullying ................................................................................................................... 9

Cyberbullying Causes Suicide .................................................................................................................. 10

Cyberbullying Should Be A Crime............................................................................................................ 11

Schools Cant Stop Cyberbullying............................................................................................................ 12

Current Bullying Remedies Are Insufficient ............................................................................................ 13

Cyberbullying Is Not Free Speech ........................................................................................................... 14

Con .............................................................................................................................................................. 15

Cyberbullying Is Overhyped .................................................................................................................... 16

Cyberbullying Laws Hurt Free Speech ..................................................................................................... 18

Status Quo Laws Solve Cyberbullying ..................................................................................................... 19

Cyberbullying Legislation Would Be Harmful ......................................................................................... 20

Cyberbullying Is Not Distinct From Regular Bullying .............................................................................. 21

Parents Can Check Cyberbullying ........................................................................................................... 22

Schools Can Check Cyberbullying............................................................................................................ 23

Impossible To Stop Bullying .................................................................................................................... 24

Cyberbullying Laws Are Unconstitutional ............................................................................................... 25


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Topic Analysis 1/2

The Public Forum topic for December 2010 is Resolved: Cyberbullying should be a criminal

offense. The Pro side of this resolution will argue that bullying accomplished through the use of

technological means, such as text messaging or social networking sites, is indistinguishable from physicalcoercion, and should therefore be illegal. The Con side will argue that cyberbullying, while problematic,

doesnt warrant action to separately criminalize it. This months Public Forum Briefs are intended to give

you a set of evidence to prepare and debate these questions.

TOPIC OVERVIEW

While there is no official definition of the term cyberbullying, it is generally taken to mean

harassment which occurs via a technological medium, such as email, text messaging, or social

networking sites like facebook. It is generally assumed to apply to interactions between minors, rather

than behavior involving adults, though some literature uses the term more broadly. The forms that this

harassment can take are limited only by the imagination of the cyberbully threatening texts, fake

facebook profiles, posting embarrassing photographs of others, name calling on forums, etcAll would

qualify under the aegis of cyberbullying. Cyberbullying shares many features in common with the

traditional concept of bullying it involves unwanted attention, harassment, threats, coercion,

intimidation, and the like. It differs primarily in the medium used, and the fact that it is more likely to

occur anonymously, and more likely to occur away from the confines of school.

A recent string of tragic incidents has brought a greater degree of media attention to the

problem of cyberbullying. An 18 year old freshman at Rutgers University named Tyler Clementi recently

committed suicide after his roommate shared sexually explicit video of him on the internet. In early

2010, a 15 year old Massachusetts high school student named Phoebe Prince killed herself after severe

bullying by a group of classmates. Even as early as 2006, a 13 year old named Megan Meier killed

herself in Missouri after harassment on MySpace. These high profile suicides have inspired a greater

degree of attention on cyberbullying as a distinct phenomenon, and inspired calls at both the federaland state level for legislation criminalizing it.

How widespread is cyberbullying? Research to date has been relatively sparse, and the

academic community is only recently starting the process of collecting statistics and defining the scope

of the problem. One estimate of middle school students says that approximately a third of children

have suffered from cyberbullying at least once. Some people see this as only the logical outgrowth of

the age-old phenomenon of school-yard bullying, while others see the rise of technological

communication media as presenting a new, distinct, and more dangerous set of challenges for keeping

children safe.

This months topic picks up on the ongoing controversy and poses the question of whether

cyberbullying should be considered a criminal offense. On the one hand, cyberbullying can

unquestionably be harmful to the victim. Even in cases far short of the aforementioned suicides,

cyberbullying can make children feel threatened, harm their self-esteem, and damage their educational

environment. In this sense, it is largely indistinct from the effects of traditional bullying, despite the fact

that no physical harm has been done. On the other hand, cyberbullying is clearly distinct from these

more traditional forms of intimidation sticks and stones vs. words.

The real point of controversy is whether or not cyberbullying should be separately criminalized.

Are status quo statutes against harassment and threatening behavior sufficient? Or do schools, parents,

and law enforcement lack adequate tools to address this problem? That is what this months topic

confronts.


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December PF

Topic Analysis 2/2

DEBATING THE PRO SIDE

The Pro should begin by focusing on the harms of cyberbullying. They should use some of the

previously mentioned anecdotes (and many other available ones) about the possible tragicconsequences of cyberbullying to make the case that it is a problem in need of addressing. The Pro

should draw on the recent wave of literature and media attention which paints of picture of a national

epidemic of cyberbullying. They should also be sure to emphasize that cyberbullying is distinct from

traditional bullying, and worth discussing separately. First, they should point out that cyberbullying is

frequently anonymous. While traditional bullying requires proximity, and therefore forces the bully to

immediately confront the consequences of their actions, bullying on the internet allows cruelty without

accountability. Secondly, Cyberbullying can occur anywhere. This makes the victim feel that there is

nowhere safe to escape from the negative effects of the bullying.

Most importantly for the Pro is to develop an argument in favor of criminalizing cyberbullying.

The Pro should research and rely on arguments made by legislators who have introduced anti-

cyberbullying legislation in response to some of the recent tragedies. These advocates argue that the

law would serve an important symbolic function which helps distinguish why cyberbulling should be

opposed. They also argue that a new law is necessary, as status quo laws dont go far enough in defining

online activity as harassing behavior. The Pro should argue that while a schoolyard bully who beats up

another student could be suspended for fighting, the same bully would be untouchable by the school (or

police) for actions taken on a computer or cell phone from home. The Pro should also make sure to

have responses to status quo actions which could be taken to address the harms of cyberbullying they

need to win both that current laws fail, and that schools, parents, and other authority figures are

currently not up to the task.

The Pro also needs to be able to answer arguments that criminalizing cyberbullying unfairly

infringes on students right to free speech. While it is true that many types of offensive or inappropriate

speech is protected by the first amendment, the Pro should argue that cyberbullying is not protected

because it crosses the line into harassment, threats, and coercion which should be considered illegalinfringements of the victims right to safety. The Pro should argue that any cyberbullying legislation

could be adequately crafted to take these concerns into consideration.

DEBATING THE CON SIDE

The Con should first focus on how widespread the harms of cyberbullying really are. They

should question whether or not the Pros picture of a national epidemic is accurate, or whether it is

being blown out of proportion by the media based on a few (admittedly tragic) occurrences. The Con

should argue that while cyberbullying might be a problem, it doesnt rise to the level of requiring

separate legislation.

The Con should also argue that new actions to criminalize cyberbullying are unnecessary. All 50

states already have laws which criminalize harassing and threatening behavior, and law enforcement

could probably choose to utilize these statutes when cyberbullying crosses the line from simple

horseplay. The Con can also argue that legislation is ineffective and that remedies for cyberbullying

must come from parents and schools, not the law.

Lastly, the Con should argue that cyberbullying legislation infringes on free speech. They should

characterize offensives texts or emails as wrong, but still protected by the first amendment. There is a

difference, the Con should argue, between hitting someone and sending a text message. Infringements

on free speech are therefore not justified, just because some people might be offended by the content.


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West Coast 2010

December PF

Topic Definitions

Cyberbullying is bullying with technology

Olweus, bullying prevention program, 2010, What Is Cyber Bullying?

http://www.olweus.org/public/cyber_bullying.pageCyber bullying is bullying through email, instant messaging (IMing), chat room exchanges, Web site

posts, or digital messages or images send to a cellular phone or personal digital assistant (PDA) (Kowalski

et al. 2008). Cyber bullying, like traditional bullying, involves an imbalance of power, aggression, and a

negative action that is often repeated.

Cyberbullying is harassment using the internet

Mike Hardcastle, 2010, What is Cyberbullying,http://teenadvice.about.com/od/schoolviolence/a/cyberbullying1.htm

Cyberbullying is any harassment that occurs via the Internet. Vicious forum posts, name calling in chat

rooms, posting fake profiles on web sites, and mean or cruel email messages are all ways of

cyberbullying.

Cyberbullying is only between minors

Stop Cyberbullying, 2010, What Is Cyberbullying,http://www.stopcyberbullying.org/what_is_cyberbullying_exactly.html

"Cyberbullying" is when a child, preteen or teen is tormented, threatened, harassed, humiliated,

embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and

digital technologies or mobile phones. It has to have a minor on both sides, or at least have been

instigated by a minor against another minor. Once adults become involved, it is plain and simple cyber-

harassment or cyberstalking. Adult cyber-harassment or cyberstalking is NEVER called cyberbullying.

Criminal offense is an act punishable by law

The Free Dictionary, 2010, criminal offense, http://www.thefreedictionary.com/criminaloffense(criminal law) an act punishable by law; usually considered an evil act; "a long record of crimes"


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Pro


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December PF

Cyberbullying Is Prevalent

Cyberbullying is extremely prevalent

Marisa Donelan, 2-7-2010, Cyber-Bullying on Increase, All Business,

http://www.allbusiness.com/society-social/families-children-family/13875874-1.htmlIt's everywhere Derek Randel, a motivational speaker, former teacher and founder of

StoppingSchoolViolence.com, said cyber-bullying has become so prevalent with emerging social media,

such as Facebook and text messaging, that it has affected every school in every community. It's

everywhere," he said this week in a phone interview. Randel said he's saddened, but not surprised by

the Massachusetts suicides, and said the public likely doesn't have an idea that there are hundreds of

teen suicide attempts to every teen suicide death.

Cyberbullying is a growing problem

Marian Harris and Nancy Garland, State Reps. In Ohio, 10-26-2010, Lawmakers propose aresponse, Vindy, http://www.vindy.com/news/2010/oct/26/lawmakers-propose-a-response-to-

growth-o/

Recent coverage in The Vin- dicator (Dr. Phils bullying series includes local girls ordeal, Oct. 7) draws

attention to the growing problem of cyberbullying in our society. This latest type of torment involves

one child harassing, threatening or intimidating another using text and instant messages, websites and

other interactive technologies. A recent tragic event at Rutgers University further highlights the need to

address this problem in Ohio. We have known for years that bullying can have devastating effects on a

childs development, school environment and academic performance. These heartbreaking

consequences are only amplified with the addition of cyberbullying that blurs school borders. Students

can now bully their classmates from anywhere using their computers and cell phones but the most

harmful effects still occur at school where cruel Facebook taunts or text messages are read and spread

around.

Cyberbullying is even prevalent in collegeUniversity ofNorthern Iowa, 5-4-2010, Cyberbullyingprevalent,http://www.uni.edu/newsroom/stories/cyberbullying-prevalent-with-college-students

Results showed that in the past six months, 34 percent of students had been victims of cyberbullying; 19

percent had been perpetrators and 64 percent had been observers of cyberbullying incidents.

Significantly more males than females were observers of cyberbullying (73.7 percent versus 59.7

percent), and significantly more females than males were victims of such acts (38.1 percent versus 24.6

percent). The research showed that cyberbullying is prevalent among college students and suggests

there is a need for more education about the issue. There is some relationship between parental

involvement and cyberbullying, but the exact causes are unknown and need further exploration.


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West Coast 2010

December PF

Cyberbullying Is Increasing

Cyberbullying is on the increase 30% of kids have been bullied

My Baby Radio, 2010, Cyber bullying on the increase,

http://www.mybabyradio.com/parenting/cyber-bullying-on-the-increase/Cyber bullying is being used more and more by children intent on tormenting their classmates, thats

according to national charity Parentlineplus, who are receiving more than 300 calls a month on the

issue. One girl whose mother contacted the charity had received 27 threatening texts in just one week.

One in three 11-14 year olds have been victims of cyber bullying at some point so it is a problem and

its a big problem amongst girls, said Sue Ormesher from the charity. She added: It seems as though

girls are making full use ofnew technology to bullybullying has been around for an awful long time

but previously, as bad as it was, it was left at the school gates or on the street but now it can come into

peoples homes 24 hours a day through mobile phones and computers.

Statistics prove cyberbullying is on the rise

Kamaron Institute, 2010, Cyber Bullying Statistics, http://kamaron.org/Cyber-Bullying-Preemption-Schools

Cyber Bullying incidents tracked at 6 percent in 2000 are now estimated in range of 18% of 42% of

students in grades 4 through 8. 21% to 49% of students ts in grades 6 through 12 saying they have been

bullied online.* Less than 20 percent tell their parents that they have been cyber bullying victims out of

fear of loosing Internet access. Its a cycle. More than half of students who are cyber bullyied also

display cyber bullying behaviors. Teenagers tend to respond without thought of consequences. Cyber

bullies sometimes leave their electronic finger prints behind. Electronic messages such as IMs and

emails leave "fingerprints" -- nine-digit numbers recorded with your ISP

Cyberbullying is increasing yearly

Ian Schwartz, 5-11-2007, Increase in cyber-bullying, Tech Addiction,

http://www.techaddiction.ca/increase_in_cyber-bullying.html

Although cyberspace can be a great way to get connected, it also allows room for potentially dangerous

situations. Yesterday HOI 19 News told you about an Edison Junior high school student that police said

made some disturbing comments in a chat room about hurting himself and other classmates. Some

research indicates cyber bullying is happening more and more. According to the Karmon Institute an

education training group. 20% to 50% percent of junior high and high school students said they have

been bullied online. In 2000 6% of students said they were bullied. That same data said less than 20%

told their parents about it.


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West Coast 2010

December PF

Cyberbullying Is Harmful

Cyberbullying is extremely harmful to kids

Marian Harris and Nancy Garland, State Reps. In Ohio, 10-26-2010, Lawmakers propose a

response, Vindy, http://www.vindy.com/news/2010/oct/26/lawmakers-propose-a-response-to-growth-o/

The National Association of School Psychologists reports that victims of cyberbullying have increased

rates of depression, suicidal thoughts and poor academic achievement. These victims are also eight

times more likely to bring a gun to school. Moreover, the Cyberbullying Research Center recently

surveyed 4,000 students and found 20 percent had experienced cyberbullying in their lifetime. In the

General Assembly, we have heard the tragic stories of students whove been victims of cyberbullying.

Weve heard parents and school administrators testify on the destructive consequences this behavior

has on our students. That is why we are working on a bill to give schools the tools necessary to combat

this destructive practice.

Cyberbullying has all the same effects as regular bullying

Cyber Bully Alert, 11-18-2008, Effects of Cyber Bullying,http://www.cyberbullyalert.com/blog/2008/11/effects-of-cyber-bullying/

Even though the bullying doesnt take place on a one-on-one basis, MySpace cyber bullying and other

forms of cyber bullying still show the same effects. Rather than just being bullied while in the classroom

or play ground, children can be the target of cyber bullying 24 hours a day, seven days a week. Some of

the more general effects of cyber bullying include poor performance at school, depression and low self-

esteem. Because cyber bullying can take place outside of the classroom and at a more frequent rate, the

child may experience more extreme cases of these effects. Consider these factors if you suspect that

your child is being bullied online: * You child may feel like there is no escape from cyber bullying. It

seems easy enough to close these social media accounts and simply turn off of the computer. However,

for some kids avoiding these websites or instant messages may seclude them from one of the most

important places they socialize. * Your child may be at home when they experience cyber bullying,which can lead to a sense of endangerment within the confines of their own room or house. * Cyber

bullies are more likely to say harsher words online or by text message because they dont have to say it

to the other persons face or see their reaction. Your child may feel like they cant be secure within

their own surrounding because some cyber bullies never reveal their identity. The anonymity of cyber

bullying can add to their feeling of being unsafe.

Cyberbullying can have extremely negative effects

Safe Guard Your Kids, 5-5-2010, Cyberbullying, http://safeguardyourkids.com/tag/effects-of-cyberbullying/

The effect cyberbullying has on our children can vary. Many kids are able to let it go and ignore it,

especially if the bullying is minimal and if other kids they know are being harassed in the same way.Others seek revenge on the cyberbully, while some have been driven to suicide and even violent crimes

as a result of cyberbullying. The effects can be extremely damaging and lasting. Many victims of

cyberbullying suffer from depression, anxiety, low self esteem, and often feel unsafe, even when at

home or in public places. The child engaging in the bullying can also suffer negative effects. They are

often left with feelings of guilt and remorse, also leading to feelings of depression and low self esteem.

These feeling can be endlessly multiplied if the bullying has a lasting negative effect on their victim, or

has a violent or fatal conclusion.


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West Coast 2010

December PF

Cyberbullying Is Real Bullying

Cyberbullying is even worse than regular bullying

Natasha Boddy, 4-10-2010, Cyber-bullies more harmful, The West Australian,

http://au.news.yahoo.com/thewest/a/-/breaking/7045472/cyberbullies-more-harmful-says-researcher/Cyber-bullying has a more harmful effect on victims than face-to-face bullying but teachers lack the

training to adequately deal with the growing problem, according to one of WA's leading cyber-bullying

researchers. Edith Cowan University Child and Adolescent Health professor Donna Cross said today that

research revealed almost one in 10 young people surveyed reported being cyber-bullied on a regular

basis and 25 per cent of young people said they had experienced behaviour which would be classified as

cyber-bullying. Speaking at National Centre Against Bullying Conference in Melbourne today, Professor

Cross presented the findings from a three-year study involving 16,000 children which looked at the

trends surrounding cyber-bullying. "Cyber-bullying presents what we call a higher-effect to danger ratio

which means that it contributes to the greatest amount of harm or effect because it's delivered in

isolation, it's 24-7, it's often much nastier than face-to-face bullying because they can do meaner stuff

online than they could ever do looking at someone's face, there are no controls in place," she said.

Anonymity means cyberbullying has less checks than regular bullying

Natasha Boddy, 4-10-2010, Cyber-bullies more harmful, The West Australian,http://au.news.yahoo.com/thewest/a/-/breaking/7045472/cyberbullies-more-harmful-says-researcher/

Professor Cross said the anonymity of cyber-bullying meant bullies had a greater effect on victims and

were at less risk of being caught. "Young people often don't know who's been sending it so the harm

that comes from this is obviously quite significant because it's a toxic cocktail," she said. "We know that

face-to-face bullying is already extremely harmful to young people in the short and the long term,

particularly if they receive it frequently and we believe that cyber-bullying cranks that up." Professor

Cross said research also found that 80 to 90 per cent of young people who reported being cyber-bullied

were also the victims of face-to-face bullying. Research found that while teachers expressed a

willingness to address cyber-bullying, they lacked support and training to do this effectively. "Mypresentation is called 'same dog, different fleas' and we're trying to get the message across is that it is

still harassment, it is still humiliation but it's being delivered through a different mode," she said. "It is

really important that we know that because it's not really a new phenomenon - it's just a new way to

deliver the pain to young people.

Cyberbullying isnt harmless regular bullying

Marisa Donelan, 2-7-2010, Cyber-Bullying on Increase, All Business,http://www.allbusiness.com/society-social/families-children-family/13875874-1.html

Parents, school officials and police officers need to open their eyes to the problem, and not relate it to

the school yard bullying from previous generations -- cyber-bullying doesn't "toughen a kid up," or build

character, it can tear a child apart, he said. "Some adults do think, 'Oh, we had bullies when I wasgrowing up, look how I turned out,'" Randel said. "That is such an old way of thinking. A lot of people do

dismiss this quite a bit. ... You have to discuss this before it becomes a problem."


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West Coast 2010

December PF

Cyberbullying Causes Suicide

Cyberbullying causes suicides

Cyberbullying Research Center, 2-16-2010, The Relationship Between Cyberbullying and Suicide,

http://cyberbullying.us/blog/the-relationship-between-cyberbullying-and-suicide.htmlThere have been many high profile and tragic incidents in the media in recent years which have linked

adolescent suicides to experiences with cyberbullying. The connection between suicide and

interpersonal aggression is certainly nothing new, as a number of studies have documented the

association between bullying and suicide. Sameer and I have a paper coming out in the coming months

that explores the relationship between bullying (both traditional and cyber) and suicidal ideation and

attempts. We find that those who experience bullying (and those who bully) report higher levels of

suicidal ideation and are more likely to have attempted suicide.

Quantitative research proves the link between cyberbullying and suicide

Cyberbullying Research Center, 11-11-2009, Cyberbullicide,http://cyberbullying.us/blog/cyberbullicide-the-relationship-between-cyberbullying-and-suicide-among-

youth.html

One major outcome that we have seen in recent years has been the increase in suicides related to an

experience with bullying. As a point of reference, in 2004, suicide was the third-leading cause of deaths

among those between the ages of 10 and 24. Even though suicide rates have decreased 28.5 percent

between 1990 and 2004 among this age group, upward trends were identified in the 10- to 19-year-old

age group in 2003-2004 (the most recent data available from the Centers for Disease Control and

Prevention). Though research involving traditional bullying and suicide is plentiful, empirical research

involving cyberbullying and suicide is sparse. We just got word that a research paper we submitted to

the journal Archives of Suicide Research has just been accepted for publication. Its general focus is the

phenomenon ofcyberbullicide, which we define as suicide indirectly or directly influenced by

experiences with online aggression (Hinduja & Patchin, 2009). Well be posting a new fact sheet

summarizing the research soon, but it details the empirical link we have uncovered between suicidalthoughts/actions and online victimization.

Cyberbullying is confirmed to have caused suicides

Make A Difference For Kids, non profit organization, 2010, Cyberbullying,http://www.makeadifferenceforkids.org/cyberbullying.html

The effects of cyberbullying are not limited to hurt feelings. Research suggests that victims of

cyberbullying respond much like traditional bullying victims in terms of negative emotions, such as

feeling sad, anxious, and having lower self-esteem. When these negative emotions arent dealt with

properly, victims may resort to deliquency or suicide. * Online victims are eight times more likely to

report carrying a weapon to school in the last 30 days than non-bullied victims * Cyberbullying has led to

at least 4 cases of suicide in the United States and many more abroad. Suicide related to cyberbullying iscalled cyberbullycide


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West Coast 2010

December PF

Cyberbullying Should Be A Crime

Cyberbullying should be illegal

Rachel Carbonell, 4-9-2010, Law falling behind cyber bullying trend, ABC News,

http://www.abc.net.au/news/stories/2010/04/09/2868817.htmProfessor Cross says she believes the solution to cyber bullying will come from schools, but she says

legislation is also important. "Our laws are miles behind the behaviours that young people are engaged

in so if people are relying on regulations or a regulatory environment to stop this behaviour, I think that

it will be very ineffective in the short term," she said. Psychologist Michael Carr-Gregg also wants

specific cyber-bullying laws, but in the meantime he says that children need to be taught good cyber

citizenship. "Many young people hide behind a keyboard and there is this phenomenon of digital Dutch

courage, where kids will say and do things online that they'd never do in real life," he said.

Cyberbullying should be a separate offense to avoid using sex offender laws

Rachel Carbonell, 4-9-2010, Law falling behind cyber bullying trend, ABC News,http://www.abc.net.au/news/stories/2010/04/09/2868817.htm

Mr Nicholson, now the chair of the National Centre Against Bullying, which is convening a conference on

bullying in Melbourne, says there needs to be more specific cyber-bullying laws. "There is a very strong

argument that it should be considered a specific offence," he said. "You need to have some firm

framework in which people can operate and know what they can and can't do. "In the state system, you

tend to get it in the stalking area and you may also with some of the sexually explicit communications

get into breaches of pornography laws. "[This leads] to children, quite young people, being placed on

sexual offences registers when yet it is some stupid piece of adolescent behaviour that has nothing to do

with the sort of behaviour that those registers are aimed at."

Anti-bullying laws have important symbolic value

Dan Harrison and Selma Milovanovic, 4-10-2010, Make bullying a crime, Brisbane Times,

http://www.brisbanetimes.com.au/national/make-bullying-a-crime-exjudge-20100410-rz0u.html

Former Family Court chief justice Alastair Nicholson has suggested bullying be made a crime to send a

strong message about society's disapproval. Professor Nicholson, now the chair of the National Centre

Against Bullying, said making bullying a crime would be a powerful signal. ''People have said 'you've

always had bullying, you're always going to have bullying' and really haven't appreciated that it is

something that's insidious and dangerous,'' he told Fairfax Media. Advertisement: Story continues below

''Repetitive denigration and bullying-type behaviour towards a person I think is equally as damaging as

physically attacking them. It might even drive them to suicide in cases. It certainly has an enormous

effect on kids at school.'' Professor Nicholson said he would not want to see such a law used to

prosecute offenders on a large scale. ''I think it should be reserved for the very serious cases.'' But he

said such a law could have great symbolic value, in a similar manner to laws introduced in New Zealand

and elsewhere that forbid parents from smacking their children. ''The idea of that was not to prosecuteparents for smacking their kids, but to say 'look, the law does not regard this sort of behaviour as

acceptable'.''


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West Coast 2010

December PF

Schools Cant Stop Cyberbullying

Schools cant solve cyberbullying no authority

Stop Cyberbullying, 2010, What Is Cyberbullying,

http://www.stopcyberbullying.org/what_is_cyberbullying_exactly.htmlWhen schools try and get involved by disciplining the student for cyberbullying actions that took place

off-campus and outside of school hours, they are often sued for exceeding their authority and violating

the student's free speech right. They also, often lose. Schools can be very effective brokers in working

with the parents to stop and remedy cyberbullying situations. They can also educate the students on

cyberethics and the law. If schools are creative, they can sometimes avoid the claim that their actions

exceeded their legal authority for off-campus cyberbullying actions. We recommend that a provision is

added to the school's acceptable use policy reserving the right to discipline the student for actions taken

off-campus if they are intended to have an effect on a student or they adversely affect the safety and

well-being of student while in school. This makes it a contractual, not a constitutional, issue.

Schools will be reluctant to stop cyberbullying concerns over free speech

Stop Cyberbullying, 2010, Offsite Internet activities and schools,http://www.stopcyberbullying.org/educators/offsite_internet_activities_and_schools.html

Cases have challenged the schools authority in many states and federal jurisdictions under

constitutional and procedural grounds. And the decisions conflict. There is some guidance from the U.S.

Supreme Court on free speech issues in schools, but the last definitive case was decided during the

Vietnam War. Most others issues will be resolved by lower courts and the law will vary depending on

the state or federal district or circuit in which the school is located. So, before taking action it is essential

that the school district seeks advice from knowledgeable counsel in this field. The normal school district

lawyer may not have the requisite level of expertise to advise on this, and a constitutional or cyber-free

speech lawyer may have to be retained.

Schools cant sufficiently check cyberbullyingJan Hoffman, 6-27-2010, Online bullies pull schools into the fray, NYT,http://www.nytimes.com/2010/06/28/style/28bully.html?pagewanted=all

Schools these days are confronted with complex questions on whether and how to deal with

cyberbullying, an imprecise label for online activities ranging from barrages of teasing texts to sexually

harassing group sites. The extent of the phenomenon is hard to quantify. But one 2010 study by the

Cyberbullying Research Center, an organization founded by two criminologists who defined bullying as

"willful and repeated harm inflicted through phones and computers, said one in five middle-school

students had been affected. Affronted by cyberspaces escalation of adolescent viciousness, many

parents are looking to schools for justice, protection, even revenge. But many educators feel

unprepared or unwilling to be prosecutors and judges. Often, school district discipline codes say little

about educators authority over student cellphones, home computers and off-campus speech. Reluctantto assert an authority they are not sure they have, educators can appear indifferent to parents frantic

with worry, alarmed by recent adolescent suicides linked to bullying.


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West Coast 2010

December PF

Current Bullying Remedies Are Insufficient

Current laws on bullying dont cover cyberbullying

Jan Hoffman, 6-27-2010, Online bullies pull schools into the fray, NYT,

http://www.nytimes.com/2010/06/28/style/28bully.html?pagewanted=allAccording to the Anti-Defamation League, although 44 states have bullying statutes, fewer than half

offer guidance about whether schools may intervene in bullying involving electronic communication,

which almost always occurs outside of school and most severely on weekends, when children have more

free time to socialize online. A few states say that school conduct codes must explicitly prohibit off-

campus cyberbullying; others imply it; still others explicitly exclude it. Some states say that local districts

should develop cyberbullying prevention programs but the states did not address the question of

discipline.

Court precedents are too contradictory to use current laws against cyberbullying

Jan Hoffman, 6-27-2010, Online bullies pull schools into the fray, NYT,http://www.nytimes.com/2010/06/28/style/28bully.html?pagewanted=all

Judges are flummoxed, too, as they wrestle with new questions about protections on student speech

and school searches. Can a student be suspended for posting a video on YouTube that cruelly demeans

another student? Can a principal search a cellphone, much like a locker or a backpack? Its unclear.

These issues have begun their slow climb through state and federal courts, but so far, rulings have been

contradictory, and much is still to be determined.

Even if current jurisdiction could be used, administrators wont feel empowered in the

status quo

Jan Hoffman, 6-27-2010, Online bullies pull schools into the fray, NYT,http://www.nytimes.com/2010/06/28/style/28bully.html?pagewanted=all

Many principals hesitate to act because school discipline codes or state laws do not define

cyberbullying. But Bernard James, an education law scholar at Pepperdine University, said that

administrators interpreted statutes too narrowly: Educators are empowered to maintain safe schools,

Professor James said. The timidity of educators in this context of emerging technology is working to the

advantage of bullies. Whether suspension is appropriate is also under discussion. Elizabeth Englander, a

psychology professor at Bridgewater State College in Massachusetts and founder of the Massachusetts

Aggression Reduction Center, believes that automatic discipline for cyberbullies is wrong-headed. We

tend to think that if theres no discipline, theres no reaction, she said. But discipline should never be

the only thing we consider in these cases. There are many things we can do with children first to guide

and teach them about behavior and expectations.


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Cyberbullying Is Not Free Speech

Courts are already ruling that cyberbullying isnt free speech

Kim Zetter, 3-18-2010, Cyberbulling Threats Are Not Protected Speech, Wired,

http://www.wired.com/threatlevel/2010/03/cyberbullying-not-protected/A California appeals court ruled this week that threatening posts made by readers of a website are not

protected free speech, allowing a case charging the posters with hate crimes and defamation to

proceed. The case raises fundamental questions about cyberbullying and the line between online speech

and hate crimes. In her dissenting opinion, Judge Frances Rothschild said the appellate court ruling

alters the legal landscape to the severe detriment of First Amendment rights.

Free speech doesnt give you the right to harass others cyberbullying is still not okay

Cyberbullying Research Center, 4-27-2010, Is Cyberbulling Simply An Expression of Free Speech?http://cyberbullying.us/blog/is-cyberbullying-simply-an-expression-of-free-speech.html

I thought others might be interested in my perspective, so I post my response here. Freedom of speech

is an important issue and it is vital that we protect that freedom. We have the right to say a lot of things

in the United States. But we dont have the right to threaten, harass, intimidate, or otherwise mistreat

someone. Moreover, even though the Supreme Court famously said that students do not shed their

free speech rights at the schoolhouse gate (Tinker v. Des Moines, 1969), they also said that the rules are

different at schools for educators who have a responsibility to maintain an appropriate and safe learning

environment at school (see, for example, Bethel School Dist. v. Fraser, 1986). So it is easier to restrict

student speech at school than student speech away from school. Of course this creates many problems

from a cyberbullying standpoint to the extent that much cyberbullying occurs away from school, but

clearly could significantly affect the school. There are many legal questions that remain unanswered or

have been answered differently depending on various lower court rulings.

Cyberbullying legislation can be crafted to avoid free speech concerns

Linda Thomas, freelance journalist, 2-8-2007, Cyberbullying vs. free speech, Seattle PI,http://blog.seattlepi.com/educatingmom/archives/111355.asp

Today a cyberbullying bill, which would add electronic intimidation to anti-bullying legislation passed in

2002, is scheduled for a Senate committee vote. Delete bullyingThe bill would apply only to electronic

intimidation sent from school property. A similar measure failed a few weeks ago in Arkansas. Their bill

defined cyberbullying as threatening or intimidating students using Web sites, chat rooms, text

messaging or other online means. It failed because Arkansas lawmakers were concerned about students'

First Amendment rights. An amended bill, which removed the words "intimidating or threatening,"

made it through a Senate committee yesterday. I'm a biggie-big-bigtime supporter of free speech. But

bullies who intimidate, threaten, harass - while hiding behind computers and other electronic devices -

should not be allowed to hide behind the First Amendment too.


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Con


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Cyberbullying Is Overhyped

Cyberbullying is overhyped

Mike Masnick, 10-25-2010, Students Off-Campus YouTube Bullying, TechDirt,

http://www.techdirt.com/blog.php?tag=cyber+bullying&edition=techdirtThere's been a lot of talk and hype about "cyberbullying," these days. There's no doubt, of course, that

school bullying is something that many kids have to deal with, and it's not enjoyable at all. In the age of

the internet, of course, that bullying can not only be more intense, but it can go much further than it

used to, following you into your home and being exposed to a much wider audience. And yet, it still

feels like some of the moral panic around "cyberbullying" is blown totally out of proportion. The fact is,

some people out there are going to be jerks, and part of growing up, unfortunately, is learning to deal

with jerks. That doesn't make it a good experience, but you simply can't outlaw being a jerk, no matter

how hard you try. In fact, one of the things that's missing in so many of these discussions about

"cyberbullying" is the First Amendment, which protects speech you don't like, just as much as the

speech you do. Now, obviously, it is possible to go over the line, into a threat or causing real harm, but

we do need to be careful not to get so over-protective that we forget that even most jerky behavior is

protected free speech.

Mean girl cyberbullying is overhyped

Mike Males and Meda-Chesney Lind, 4-1-2010, The Myth of Mean Girls, NYT,http://www.nytimes.com/2010/04/02/opinion/02males.html?_r=1&partner=rss&emc=rss

However, many of the news reports and inflamed commentaries have gone beyond expressing outrage

at the teenagers involved and instead invoked such cases as evidence of a modern epidemic of mean

girls that adults simply fail to comprehend. Elizabeth Scheibel, the district attorney in the South Hadley

case, declined to charge school officials who she said were aware of the bullying because of their lack

of understanding of harassment associated with teen dating relationships. A People magazine article

headlined Mean Girls suggested that a similar case two years ago raised troubling questions about

teen violence and cyberspace wars. Again and again, we hear of girls hitting, brawling and harassing.But this panic is a hoax. We have examined every major index of crime on which the authorities rely.

None show a recent increase in girls violence; in fact, every reliable measure shows that violence by

girls has been plummeting for years. Major offenses like murder and robbery by girls are at their lowest

levels in four decades. Fights, weapons possession, assaults and violent injuries by and toward girls have

been plunging for at least a decade.

Their evidence is an overreaction to isolated incidents

Mark Gibbs, 5-7-2009, Cyberbullying? No, its just bullying, Network World,http://www.networkworld.com/columnists/2009/051109-backspin.html

Now why was this bill proposed? Well, it all hinges on the sad case of Megan Meier, a Missouri teenager,

who, in 2006, committed suicide at the age of 13 because of "cyberbullying". The actual bully in the caseturned out to be the mother of a former friend of Meier's (Meier was under psychiatric care at the time,

suffering from attention deficit disorder and depression). The vehicle used for the bullying was

MySpace. When this case emerged the media hype machine swung into gear and the "cyber" side of the

issue was inflated out of all proportion to reality. And, of course, almost immediately every politico

worth their salt was lining up to demand greater controls on social media. I am constantly amazed at

how people -- otherwise sensible, articulate people -- as well as those who should just know better, will


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preface anything and everything with "cyber" as if it confers more depth and profundity than the

unadorned word or phrase.


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Cyberbullying Laws Hurt Free Speech

Cyberbullying laws are overbroad and hurt free speech rights

Mark Gibbs, 5-7-2009, Cyberbullying? No, its just bullying, Network World,

http://www.networkworld.com/columnists/2009/051109-backspin.htmlI'm all for laws that will make our culture safer, particularly where children are concerned, but here we

have an attempt to frame a context for dealing with "cyberbullying" that has insane ramifications,

making it a classic demonstration of the law of unintended consequences. As Volokh points out, the bill

is "breathtakingly broad *and+ would criminalize a wide range of speech protected by the First

Amendment if passed into law (and, if it survives constitutional challenge) it looks almost certain to be

misused." To put that another way, by sponsoring this bill Rep. Sanchez and friends have demonstrated

a willful indifference to Constitutional law and common sense. It's time that the whole "cyber" nonsense

was retired and lawmakers stopped treating events that aren't unique to the 'Net or computers and

communications technology as special cases in what I can only assume to be callous attempts to gain

political leverage.

Anti-bullying laws infringe on free speech and are redundantWendy Kaminer, lawyer and author, Guggenheim Fellow, 3-30-2010, Bullying and the Phoebe PrinceCase, The Atlantic, http://www.theatlantic.com/national/archive/2010/03/bullying-and-the-phoebe-

prince-case/38221/

Do these charges vindicate anti-bullying legislation? Not necessarily. If the prosecution of Prince's

alleged tormenters is merited, it suggests that laws against bullying may be redundant, at best. At

worst, (and often) anti-bullying regulation is overbroad, exerting control over students outside of school

and infringing unduly on speech, especially when it addresses cyber-bullying. The rash of recent cases

targeting student online speech (especially speech critical of administrators), the use of child porn laws

to prosecute teens for sexting, and the scandalous use of webcams to spy on students at home should

make us skeptical of legislation aimed at curbing verbal "abuses." Unprecedented freedom to speak and

opportunities to disseminate speech (for better and worse) have naturally resulted in some harshcrackdowns on speech.

Cyberbullying laws infringe on free speech rights

Steven Kotler, 5-14-2009, Cyberbullying Bill Could Ensnare Free Speech Rights, Fox News,http://www.foxnews.com/politics/2009/05/14/cyberbullying-ensnare-free-speech-rights/

A bill introduced in the House of Representatives last month by Rep. Linda Sanchez, D-Calif., is designed

to prevent cyberbullying, making it punishable by a fine and up to two years in prison. But at least one

blogger is calling the Megan Meier Cyberbullying Prevention Act the "Censorship Act of 2009" -- and

many free speech advocates say its language is too broad and that it would act as judge and jury to

determine whether there is significant evidence to prove that one person "cyberbullied" another. "We

have existing harassment statutes in all 50 states that already cover this problem," says Parry Aftab, alawyer and Internet security expert who's at the forefront of the anti-cyberbullying movement. "We

don't need Linda Sanchez's law." Even Sanchez's attempt to define the term "cyberbullying" poses

problems, said UCLA law professor Eugene Volokh. "The bill defines it as 'using electronic means to

support severe, repeated and hostile behavior,' but what does 'severe, hostile and repeated behavior'

mean?" he asked.


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Status Quo Laws Solve Cyberbullying

Status quo laws can already be used to prosecute cyberbullying

Marisa Donelan, 2-7-2010, Cyber-Bullying on Increase, All Business,

http://www.allbusiness.com/society-social/families-children-family/13875874-1.htmlChildren also need to be aware if they're threatening someone or harassing someone online, they can

be charged with a crime, Stillman said. "Kids are good about saving things, and they've come in with

documentation of what the other person said," she said. "I don't think they have a good clear

understanding of when it comes down to criminal charges." Randel said although it may be painful to

save insults -- printing out and keeping track of every threat or bullying message in order to "build a

case." Police departments can also retrieve text messages, he said.

Bullying laws are redundant and ineffective

Darrell Dawsey, 4-9-2010, Thoughts about anti-bullying laws, Time,http://detroit.blogs.time.com/2010/04/09/on-anti-bullying-laws/

But much as I do with hate-crime legislation, I wonder how much more we need to add to already-

existing laws designed to prevent and punish these kinds of cruel and unrelenting attacks. I don't doubt

the intentions of anyone who backs such laws, but I do wonder at what point it becomes feel-good

grandstanding rather than effective legislative remediation. I'm not the only one, either...

Status quo laws are already sufficient to deal with bullying

Darrell Dawsey, 4-9-2010, Thoughts about anti-bullying laws, Time,http://detroit.blogs.time.com/2010/04/09/on-anti-bullying-laws/

I don't want to seem too quickly dismissive of any initiatives aimed at protecting the vulnerable. Nor do I

want to give the impression that I think the issue is somehow undeserving of legislative attention. It's

not, especially not when young people are dying. Bullying is a far bigger deal than just "kids being kids."

But there are already laws against harassment, stalking, assault, battery and any number of other

terrible acts that could be construed as bullying. And while I appreciate the calls for stronger legal

safeguards, I just hope that tragedies like these suicides will help prompt school officials and others

looking to protect young people to do more with the tools they already have.


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Cyberbullying Legislation Would Be Harmful

Cyberbullying legislation is totally unnecessary and impractical

Steven Kotler, 5-14-2009, Cyberbullying Bill Could Ensnare Free Speech Rights, Fox News,

http://www.foxnews.com/politics/2009/05/14/cyberbullying-ensnare-free-speech-rights/Even advocates of child safety on the Internet say the bill is impractical, at best. "Even if you wanted to,

you can't legislate against meanness," said Larry Magid, co-director of ConnectSafely.org. "It's

contextual. If I call you fat, maybe I was bullying, or maybe I was concerned about your health, or maybe

it was a relatively innocuous slight." The bill's critics also note that the law is intended to protect minors

from minors, but that doesn't show up in its language. As written now, the bill would also apply to

adults, says John Morris, general counsel for the Washington, D.C.-based Center for Democracy and

Technology. And, he said: "It's not clear from any of the data that cyberbullying among adults is an

issue." Morris said cyberbullying is a local problem best solved at the local level. "Most research

suggests cyberbullying is most appropriately handled with more education, in school. It's hard to

imagine how federalizing the matter accomplishes this," he said.

Cyberbullying legislation distract focus from more severe forms of bullyingWendy Kaminer, lawyer and author, Guggenheim Fellow, 3-30-2010, Bullying and the Phoebe PrinceCase, The Atlantic, http://www.theatlantic.com/national/archive/2010/03/bullying-and-the-phoebe-

prince-case/38221/

But school officials who ignore obvious and extreme abuse of one student by small gang of teenage

vipers are probably unfit to serve in schools; it's not clear that the problem of incompetent or grossly

negligent officials can be solved with legislation. Focusing on cyber-bullying, in particular, may even

distract administrators from addressing actual harassment and stalking of the sort allegedly suffered by

Prince. It can also provide an excuse for inaction. South Hadley School Superintendent Gus A. Sayer

initially tried blaming Prince's suicide on cyber-bullying: "The real problem now is the texting stuff and

the cyber-bullying,'' he told The Boston Globe, back in January. "Some kids can be very mean towards

one another using that medium.'' Sayer has, so far, declined to comment on the criminal charges, butthe Huffington Post seized on his previous statement in its report today (Match 29th) on the Prince case:

"Cyberbullies Charged with Harassing Phoebe Prince, Teen Who Killed Herself After Rape," its headline

sensationally and inaccurately declares. As District Attorney Scheibel stressed (in a widely reported

remark), the campaign against Phoebe Prince was "primarily conducted on school grounds during school

hours and while school was in session." Old-fashioned, in person harassment and stalking -- not

cyberbullying -- allegedly drove Prince to suicide, and, if these allegations are true, then old-fashioned

criminal laws can bring her abusers to justice.

Cyberbullying bills are unconstitutional

Steven Kotler, 5-14-2009, Cyberbullying Bill Could Ensnare Free Speech Rights, Fox News,

http://www.foxnews.com/politics/2009/05/14/cyberbullying-ensnare-free-speech-rights/But even if the bill makes it through Congress, most of the experts interviewed for this article were

uncertain it would hold up in court. "Not only is Sanchez's bill unconstitutional," Volokh said, "but with

our existing laws, criminal harassment (as opposed to sexual) is not a well defined term. Definitions vary

from state to state, but generally it's threatening, persistent communication. There are no anti-mind-

game-harassment laws out there."


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Cyberbullying Is Not Distinct From Regular Bullying

Cyberbullying is the same as regular bullying

Mark Gibbs, 5-7-2009, Cyberbullying? No, its just bullying, Network World,

http://www.networkworld.com/columnists/2009/051109-backspin.htmlTake "cyberbullying". How is that factually different from everyday bullying? If you think that this turn of

phrase is somehow justified then why don't we start slicing and dicing the contexts even more

assiduously? We'd have telephone-bullying, cell phone-bullying, shouting-at-someone-on-the-street-

bullying, and staring-in-a-mean-way-bullying. It's the act and its consequences that matter, not the

medium.

Cyberbullying is just an outgrowth of regular bullying

Jim Gibson, 4-16-2010, Cyber-bullying on the rise, Vancouver Sun,http://www.vancouversun.com/life/Cyber+bullying+rise/2915031/story.html

Cyber-bullying is much the same as regular bullying, but without the physical presence, says the

University of Victoria's Bonnie Leadbeater. It's intentionally hurting someone by teasing, intimidation,

rumour or exclusion. "These are the kids who are repeatedly harassed and bullied and end up killing

themselves," Leadbeater says. Cyber-bullying is happening more and more, according to Darren Laur, a

Victoria, B.C., police officer who, as a personal protection consultant, often speaks at schools. "It's the

big thing now. Back in our day, it used to be the bathroom wall," Laur says, referring to the way

reputations were once damaged at school.

Cyberbullying isnt a new problem

Tiffani N. Garlic, 10-17-2010, Dad uses sons suicide to show dangers of cyber-bullying, New JerseyStar-Ledger, http://www.nj.com/news/local/index.ssf/2010/10/dad_uses_sons_suicide_to_show.html

Cyber-bullying, Halligan said, is nothing new. Whats at the core here is the same old problem weve

had for generations, called bullying, he said. The only difference now is that we have technology that

enables the behavior, but at the core its the same problem. According to the 2009 New Jersey Student

Health Survey, which is conducted every two years, one in six or 16.6 percent of high school students

were electronically bullied during the past 12 months.


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Parents Can Check Cyberbullying

Parents can intervene to protect kids from cyberbullying

Tracy Mooney, 10-14-2010, Cyberbullying, Teen Suicide and Technology, McAfee Blog,

http://blogs.mcafee.com/consumer/cyber-security-mom/cyberbullying-teen-suicide-and-technologySince writing the letter about cyberbullying, I have seen many posts about the recent suicides. They all

had a slightly different take on the subject. I have read a few that said that it is not a technology issue,

which as a parent left me feeling a bit defensive. It is a technology issue kids are using computers,

phones, webcams, gaming devices to communicate in some negative ways right? So before I got angry,

I stepped back for a moment. Why are they saying that technology is not the issue? Well, for every

device there is something parents can do.For computers, there is parental control (for lack of a

better word) software that parents can install (www.mcafee.com/familyprotection).For phones,

parents can simply ask the phone company to block features, callers, texting, etc or for very advanced

phones there are parental control apps to install.For newer gaming devices all come with some type of

parental controls built right in parents just need to turn them on. Even games with inappropriate

content all have ratings alerting parents.

Parents can check cyberbullying

Tracy Mooney, 10-14-2010, Cyberbullying, Teen Suicide and Technology, McAfee Blog,http://blogs.mcafee.com/consumer/cyber-security-mom/cyberbullying-teen-suicide-and-technology

But we, as parents, need to know what to do and how to turn it on. We need to know what we are

protecting our kids from and teaching them not to do. Bullying is not new. It has been around probably

as long as there have been humans. What is new, is the way bullying is being done. It is really easy in the

U.S. to point the finger at someone else and say this is the fault of X. It is the fault of the technology

creator. It is the fault of the schools for not intervening. It is the fault of the social network for not

making the website safe for kids. The truth is that for every piece of technology, the technology is there

to help parents protect their kids.

Commonsense interventions by parents can protect kids from cyberbullying

Cyberbullying Research Center, 5-11-2010, Should Parents Ban Access to Facebook?http://cyberbullying.us/blog/should-parents-ban-access-to-facebook.html

It is a much better strategy for parents to carefully express their concerns about these environments

and teach youth how to be responsible online. Tell them that it isnt a good idea to accept as friends

those who they do not know and trust in real life. Demonstrate the dangers of posting too much

personal information online. Show them how to use the privacy settings. Provide them with examples

from the media where teens have gotten into trouble for misusing social networks. Our research

suggests that teens are listening and improving social networking practices! Print this out and give it to

them. Odds are they will be just fine if they abide by these commonsense guidelines.


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Schools Can Check Cyberbullying

School policies can fight cyberbullying

Parry Aftab, Stop Cyberbullying, 2010, guide for schools on cyberbullying,

http://www.stopcyberbullying.org/educators/guide_for_schools.htmlWhile taking disciplinary action against a student that does something outside of school hours and off

school grounds may exceed a schools normal authority and land the school in legal hot water, doing so

with the consent of the parties is not. Most schools have an acceptable use policy. And the smart ones

have it signed by the parents and the students. It typically deals with what is and is not permitted use of

the schools technology and computer systems. And, it is a legal contract binding the parents and the

school (and the students themselves once they are of legal contracting age). By adding a provision that

covers dangerous or abusive actions by a student that directly affects another student, the school itself

or its staff, the school now has authority to take appropriate action to deal with the dangerous or

abusive conduct. It is the impact on the school, its safety and the safety and well-being of its staff and

students that will trigger the schools authority, not whether the actions took place from a school

computer within school hours. Laying out the problems and the impact of these problems on others at

the school and the need to protect students, staff and the educational environment of the school is the

place to start. Then, add an express consent to the schools taking action in the event it deems the

matter to have an adverse impact on safety and the welfare of students, staff and the educational

environment. Its that simple. But, as in all things legal, the devil is in the details.

Schools are taking steps to education students on cyberbullying

Chris Pirillo, online tech expert, 11-1-2010, Public Schools Required to Teach,http://chris.pirillo.com/public-schools-required-to-teach-anti-cyberbullying-practices/

Many public schools in the United States will soon be required to educate students about the dangers of

cyberbullying and how to conduct themselves online. All schools which are funded with the Schools and

Libraries Program otherwise known as E-Rate fund will be bound by these regulations. Grantees are

already required to run some kind of online safety education class and to deploy filters to protectstudents from accessing inappropriate content, as stated by the Federal Communications Commission.

Schools need to educate students to stop bullying

Mary Elizabeth Williams, staffwriter, 6-28-2010, How schools can really fight cyberbullying, Salon,http://www.salon.com/life/feature/2010/06/28/middle_school_cyber_bullies

But making emotional intelligence an educational priority equips the community as a whole to deal with

bullying -- it creates social sanctions against it, and it lays groundwork so that kids have their own inner

resources for handling it when it happens. It can't be quantified on a chart; it can't boost your child's SAT

score, so it's not as easy a sell to cash-strapped school districts or Ivy League ambitious parents. But

then again, maybe it might pay for itself in reduced lawsuits and a whole lot less grief from families of

kids who'd otherwise be driven to depression, violence and suicide. As it turns out, those "soft skills" --like learning how to not be a creep -- that get short shrift when talking about the all importance of math

scores -- have been proven incredibly valuable in equipping kids for the work place. And in the debate

over what the Times defined as "the responsibility of the family, the police or the schools," the most

basic weapon fighting the problem seems right in front of us -- a powerful body of students themselves.


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Impossible To Stop Bullying

Criminalizing bullying is ineffective if not accompanied by educating people on

tolerance

Allison Roy, 10-14-2010, Cyber-bullying, Medill Reports,http://news.medill.northwestern.edu/chicago/news.aspx?id=170454

Gov. Pat Quinn expanded the states anti-bullying law last June to include the creation of a 15-member

prevention task force on school bullying, which must submit a report to the governor by March 1. The

law also requires schools to include a policy that directly addresses the treatment of bullying situations

and offer programs designed to prevent gang activity. The law defines bullying as any pervasive or

severe verbal or physical act, including written and electronic communication, that causes a student to

feel unsafe or negatively impacts a students mental or academic well-being. I think to just focus on the

bullying misses the point, Kling said. Clearly we have to do a better job of educating young people on

tolerance, and school administrations need to clearly outline a policy that directly addresses aggressive

behavior. Kling said in order for preventive measures to be effective, school officials need to provide

students with a clear-cut definition of bullying and intervene quickly once it begins.

Cant stop bullying victims are too afraid to come forward

Allison Roy, 10-14-2010, Cyber-bullying, Medill Reports,http://news.medill.northwestern.edu/chicago/news.aspx?id=170454

Willard said cyber-bullying is impossible to control unless victimized students comed forward. Theres

no way they can monitor it, she said. Students need to feel safe to report the issue. But according to

a recent study from the Youth Voice Project at Penn State Erie, only 42 percent of 10,000 survey

participants said they reported their own bullying experiences to an adult. Researchers at Iowa State

University attribute this silence to a feeling of powerlessness and a fear of tattling. and a general belief

that nothing would be done to stop it. In addition, more than half of the bullying victims surveyed said

they doubted a school official would be able to help them, according to the study, which was published

in Mays International Journal of Critical Pedagogy.

Cant prevent all cyberbullying

By Parents For Parents, 2010, Cyber-bullies, http://www.byparents-forparents.com/cyberbullies.html

Stamping out cyber-bullying is impossible. With ever-expanding technology and an often rotating cycle

of bullies and targets within the complex web of adolescent relationships, pinning down one or two

instigators won't necessarily solve the problem. But teaming with your school and other parents to

openly and directly address the issue can - and will - help. Creating opportunities to teach all students

how to recognize and handle cyber-bullying, as well as the potentially lasting dangers of such behavior,

can have a profound impact on instances of bullying within your community as a whole.


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Cyberbullying Laws Are Unconstitutional

Cyberbullying bills are unconstitutional

Courtney Holliday, 11-20-2008, MySpace-hoax trial shines light, First Amendment Center,

http://www.firstamendmentcenter.org/news.aspx?id=20905University of California at Los Angeles law professor Eugene Volokh, author of the textbook The First

Amendment and Related Statutes, also criticized cyberbullying legislation, specifically the proposed

Megan Meier Act. This is clearly unconstitutional, he wrote in a June 5, 2008, blog entry. In Hustler v.

Falwell, the Supreme Court held that even civil liability for outrageous behavior that recklessly,

knowingly, or purposefully causes severe emotional distress violates the First Amendment when its

about a public figure and on a matter of public concern. Many, though not all, lower courts have held

the same whenever the statement is on a matter of public concern, even about a private figure.

Cyberbullying restrictions unconstitutionally limit free speech

Eugene Volokh, UCLA Law Prof, 6-5-2008, http://volokh.com/posts/1212694919.shtmlThis is clearly unconstitutional. In Hustler v. Falwell, the Supreme Court held that even civil liability for

outrageous (not just severe) behavior that recklessly, knowingly, or purposefully causes severe

emotional distress (not just substantial emotional distress) violates the First Amendmentwhen its

about a public figure and on a matter of public concern. Many, though not all, lower courts have held

the same whenever the statement is on a matter of public concern, even about a private figure. I would

go further and reject the emotional distress tort altogether whenever its premised on the content of

speech that falls outside an existing exception, i.e., speech that isnt threatening, factually false, or the

like. But in any case even the specific holding in Hustler is enough to make the statute facially

overbroad. (Given the Hustler reasoning, the requirement that the speech be electronic, repeated, or

intended to cause substantial distress doesnt adequately narrow the law: "*I+n the world of debate

about public affairs, many things done with motives that are less than admirable are protected by the

First Amendment.... [E]ven when a speaker or writer is motivated by hatred or ill will his expression was

protected by the First Amendment....") Existing telephone harassment laws have their problems in somecases, but at least they limit themselves to one-to-one speech to the person who is being harassed,

and dont interfere with the speakers ability to communicate with willing listeners in the public at large.

This law has no such limitation. Its reference to blogs and websites strongly suggests that it deliberately

addresses one-to-many publishing media as well as one-to-one email and text messaging -- but even

without that reference, it would literally cover any communication, with no limitation that the

communication be sent specifically to the distressed person. Appalling.

Congress agrees its unconstitutional

Orin Kerr, 10-2-2009, Cyberbullying Bill, Volokh Conspiracy,http://volokh.com/2009/10/02/cyberbullying-bill-gets-chilly-reception/

Bullying has gone electronic, Sanchez testified before the Subcommitttee on Crime, Terrorism andHomeland Security. This literally means kids can be bullies at any hour of the day or the night, or even

in the victims own home. From the outset ofthe 90-minute hearing, however, committee members

from the left and the right said they thought the measure was an unconstitutional breach of free

speech. We need to be extremely careful before heading down this path, Bobby Scott, a Democrat

from Virginia and the committees chairman, said during the hearings opening moment.

Cyber Bullying WC Files (2)

Documents

Transcript of Cyber Bullying WC Files (2)