A Call for Legal Clarity

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There is an interesting article in this week’s Chronicle of Higher Education in which legal expert Robert M. O’Neil discusses many of the legal challenges facing those who wish to “stand up to cyberbullies.” In the article, O’Neil presents just some of the issues confronting the legal community in responding to cyberbullies. The questions are often so contentious that legal experts themselves cannot agree. Courts have been grappling with free speech issues relating to the Internet for over a decade, but it still seems there is very little clarity. No wonder victims of cyberbullying (and the teachers, parents, and others dedicated to helping them) struggle to know what to do.

In our presentations to teachers and parents, we are forced to update the information regarding legal issues almost continuously as new decisions are filed and new conclusions are reached. The most general advice we give is: Cyberbullies must be punished, but it is important to use the least restrictive punishment available to get the message across. Expelling a student for sending an email to another student calling him or her “fat” is excessive. That said, even the most trivial of cyberbullying behaviors CANNOT be ignored. Take informal action (contact parents, convene a meeting with a principal, etc.) and you will be sure to remain on firm legal footing. When in doubt about any of these issues, consult with a lawyer. Until more cyberbullying cases reach the higher courts, we will have to take actions that seem reasonable and hope for the best…

4 Comments

  1. I am an adult with a mental disability that affects my social behaviors. At this very moment I am being bullied by a website known as Encyclopedia Dramatica where they have photos of me, links to places I go and encourages people to harass me. The site tells ugly lies about who I am and people who read it attack me based only on that information. I feel like some of it is my fault for leaving certain information public(not my address or phone though, thankfully) and have locked my livejournal and a forum I use for my current fanworks for a fandom I'm currently into at this moment. The site about me contains links encouraging people to report my fanworks so they get deleted, which initially made me write angry messages for my friends that were screencapped and posted to this site "for laughs." This site claims it's all satire, but to attack every single piece of me and laugh is not satire, it's CRUELTY!

  2. I am an adult with a mental disability that affects my social behaviors. At this very moment I am being bullied by a website known as Encyclopedia Dramatica where they have photos of me, links to places I go and encourages people to harass me. The site tells ugly lies about who I am and people who read it attack me based only on that information. I feel like some of it is my fault for leaving certain information public(not my address or phone though, thankfully) and have locked my livejournal and a forum I use for my current fanworks for a fandom I'm currently into at this moment. The site about me contains links encouraging people to report my fanworks so they get deleted, which initially made me write angry messages for my friends that were screencapped and posted to this site "for laughs." This site claims it's all satire, but to attack every single piece of me and laugh is not satire, it's CRUELTY!

  3. Good Morning, Justin,

    The issues you raise are those faced by educators at all levels – from the classroom, to the principal's office to central offices – and beyond.

    As I talk to educators, there are a few things which I seem to repeat:

    1. When we talk about "cyberbullying", we are talking about a wide range of negative-aggressive behaviors using a variety of 21 century tools and toys.

    2. We are talking about bullying, harassment, intimidation, threats, stalking, online dating violence, etc.

    3. These negative behaviors are generally all included in "regular", bricks-and-mortar discipline policies.

    4. The "cyber-" part of it is what makes it different and difficult for the adults: this is happening is a whole new world where 'we' generally do not go.

    5. It is up to us, as adults, though, to set rules and guidelines, to educate ourselves and our youth, and to ensure the safety of all.

    6. What we need to do to do those things is not intuitive anymore – if it ever was.

    7. However, we need to learn to work on our cyber-skills and literacy, to gather, save, and document evidence, to set policies and procedures in place, and to implement those policies appropriately – in the context of bullying, harassment, initmidation….

    8. In doing so, we must also involve all the stakeholders: educators, law enforcement/legal community, the tech industry, parents and the kids, themselves.

    Thanks

  4. Good Morning, Justin,

    The issues you raise are those faced by educators at all levels – from the classroom, to the principal's office to central offices – and beyond.

    As I talk to educators, there are a few things which I seem to repeat:

    1. When we talk about "cyberbullying", we are talking about a wide range of negative-aggressive behaviors using a variety of 21 century tools and toys.

    2. We are talking about bullying, harassment, intimidation, threats, stalking, online dating violence, etc.

    3. These negative behaviors are generally all included in "regular", bricks-and-mortar discipline policies.

    4. The "cyber-" part of it is what makes it different and difficult for the adults: this is happening is a whole new world where 'we' generally do not go.

    5. It is up to us, as adults, though, to set rules and guidelines, to educate ourselves and our youth, and to ensure the safety of all.

    6. What we need to do to do those things is not intuitive anymore – if it ever was.

    7. However, we need to learn to work on our cyber-skills and literacy, to gather, save, and document evidence, to set policies and procedures in place, and to implement those policies appropriately – in the context of bullying, harassment, initmidation….

    8. In doing so, we must also involve all the stakeholders: educators, law enforcement/legal community, the tech industry, parents and the kids, themselves.

    Thanks

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