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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…