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I recently appeared on WNYMedia’s “Parent Talk” radio show to discuss what parents can do to protect their child from online harassment.  Please click here to download and listen (47 minutes, MP3 file), and let me know if you have any follow-up questions!

A colleague of mine recently posed the following questions after listening to my recent interview on Wisconsin Public Radio:

Q:  If a student were bullying someone & claimed they had the right of freedom of speech to say whatever they want, how would you respond?

Q:  If a public official felt they were being bullied & threatened by constituents who claimed right of freedom of speech to say what they wanted, what would you say?

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 don’t 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.

As you probably know, for many purposes, teachers are considered public officials.  But the key to your second question is the nature of the speech.  Again, Americans have the right to criticize public officials (including students criticizing teachers).  They simply must do so in a responsible and respectful manner.  From a school perspective, if a student criticizes a teacher in a manner that results in a material and substantial disruption at school, then the school has the authority to formally discipline (they always have the right to informally discipline—calling parents, meeting with principal, etc.).  So a student is free to post on his Facebook page that ‘Mr. Smith is a bad teacher.’  But if he does so in a way that is disruptive at school, discipline could result.  Of course irrespective of the ability of the school to intervene, the target of the criticism could sue the bully civilly for harassment or intentional infliction of emotional distress or libel or something else if he chooses.  It is unclear how a judge would respond to this – I imagine it could vary widely depending on a lot of circumstances.

It is not completely clear how these broad principles would apply to a student criticizing (bullying?) another student.  It’s even muddier in the context of cyberbullying.  The same disruption standard would generally apply—at least for a school to discipline the bully, but I’m not aware of any case law that has addressed this question specifically.

So the bottom line is schools are different and treated as such by the law.  That doesn’t mean that everything is cut and dried, though.  What do you think?  Should educators be able to discipline students for their harassing speech at school?  What about away from school?

Several high profile incidents have put cyberbullying at the top of the headlines in recent months.  When Sameer and I first started studying this problem over eight years ago, it was rare to see a cyberbullying story in the media, now they are everywhere.

Larry Magid, a technology journalist who contributes to a number of publications, both online and off, commented on cnet yesterday about the potential development of a “cyberbullying panic.”  We really appreciate his perspective on issues relating to teens and technology and especially the fact that he always supports his viewpoints and arguments with research.

He is right that the public can sometimes view a particular problem as epidemic in nature simply from one or two high profile incidents (for example, the school shootings of the late 1990s, or more recently the panic over online sexual predators).  And many in the media often fan the flames.  I basically agree with his thoughts on this and think he is right on in terms of encouraging teens (and adults) to acknowledge that most kids are not engaging in negative or risky or irresponsible behaviors online.  Research finds that about 20% of kids have been cyberbullied, or admit to cyberbullying others, at some point in their lifetime (this number varies considerably depending on how one measures cyberbullying).  Of course this means that 80% of kids are NOT involved in cyberbullying as an aggressor or target.

Many people ask me if the bullying problem is getting worse with technology.  I simply tell them that technology has allowed us to observe the bullying problem more clearly.  Kids have always been bullying each other.  But technology has brought it to the forefront because we can see exactly what is being done and said.  Historically, maybe, much of these bullying experiences would never come to the attention of adults – technology has made the problem more visible, for better *and* worse.  This visibility likely contributes to the overall harm caused, but also allows parents, school administers, and others to see it more precisely (and most are shocked, even though they too were once adolescents).  I also think that the media attention surrounding these and other high profile incidents over the last year or two (perhaps even the Megan Meier case) has resulted in more students coming forward about their bullying/cyberbullying experiences.  Our research over the last five years or so shows that more teens are now telling adults about their experiences with cyberbullying.  Now we just need to teach adults how to effectively deal with the problem once they are made aware.

We need to remember that most teens are doing great things online and are largely being responsible (our MySpace research shows this clearly).  The high profile examples certainly grab the headlines but represent the exception rather than the rule.  Of course, as Larry points out, that doesn’t mean we should ignore the problem.  It is hard to see a clear path to prevention and response in the midst of a panic.  Good solid research can help us to distill the fact from the fiction, and therefore should be the foundation of any policy and practice.  That said, the rare tragedy is often necessary to remind us of why it is so important to keep moving forward with respect to these issues.

It is not often that students are charged in criminal court for their participation in bullying.  But that is what happened this week.  As has been well-publicized, 15-year-old Phoebe Prince of South Hadley, Massachusetts, committed suicide in January after experiencing extreme levels of bullying from her classmates.  After conducting a thorough investigation, District Attorney Elizabeth Scheibel announced that nine teens who were implicated in the bullying have now been charged with various crimes, including: violation of civil rights, criminal harassment, and disturbing a school assembly.  Two male students have also been charged with statutory rape.  We will closely follow this case through the courts as it represents an extreme response to an extreme incident, and may well serve as precedent for future cases.

No matter how you view this case, it is tragic.  A 15-year-old girl took her own life after what appears to be relentless emotional and psychological bullying from her peers.  Unfortunately “bullicide,” as it has been termed, is not altogether uncommon.  Many parents experience a horrific void for the rest of their lives after losing a child to suicide stemming directly or indirectly from experiences with bullying.  Adults who dismiss bullying as simple “kids will be kids” behavior or a “rite of passage” should pay close attention to these worst case scenarios.  I have been asked many times by naïve adults over the years: “What’s the big deal, it is only text?”  I simply tell them to ask John Halligan or Mark Neblett or Debbie Johnston or now Anne O’Brien Prince, or any one of the other parents who have had children take their own lives as a result of bullying.  It can take an unimaginable toll on the loved ones left behind.

While the bullying actions of the teens involved are reprehensible, I am interested in where the adults were during all of this and what their response was.  I am especially interested in learning more about what the school (teachers and administrators) knew.  There is conflicting information in the media reports about whether administrators knew about the bullying, and the specific actions that were taken.  The law is clear that if it can be shown that schools are ‘deliberately indifferent’ to harassment, they could be found liable for damages.  Burying one’s head in the proverbial sand and pretending that bullying isn’t occurring is not a legitimate response.  Not morally, and not legally.

If parents, teachers, and administrators would have identified and responded to the bullying of Phoebe Prince in a meaningful way, the loss of life may not have occurred.  If you are an educator or a parent, don’t think that your students and children are safe just because bullying is not a major, visible problem in your school.  Be proactive about educating youth regarding appropriate behaviors and empower them to let you know about any actions or interactions that may compromise the safe and secure environment that should be in place on campus. Teens are reluctant to tell adults about their bullying experiences because they are afraid it will only make the situation.  Parents and educators need to present a clear and unified front against all forms of bullying, and let would-be bullies know that disciplinary action will be taken.  While I am not convinced that criminal action is the most appropriate course to take in all cases, it certainly sends a strong message to teachers, parents, and students.

A federal jury recently ordered the Hudson Area School District (Michigan) to pay $800,000 in damages to a student who endured years of emotional, physical, and sexual bullying.  Dane Patterson was in middle school when the bullying began as simple name calling and verbal harassment.  It escalated in high school and included being pushed into lockers and at least one incident in 10th grade where he was sexually harassed – which involved “a naked student rubbing against him” in a locker room.

Most states require their schools to have an anti-bullying policy, and Hudson Schools did.  On some occasions when bullying was reported to the school and the perpetrators could be identified, they were punished.  In other cases teachers who witnessed bullying or who were made aware of it failed to follow through with involving school administration.  And according to court records, in one case a geography teacher actually contributed to the problem by making fun of Patterson in front of the entire class by saying: “How does it feel to be hit by a girl?” after he was slapped by a female student when he attempted to stop her from bullying a classmate.  This is almost unbelievable.

This case is a clear message to schools that inaction, or even a simple unwise reaction, is not enough when it comes to dealing with bullies.  Districts need to be proactive in preventing bullying from getting out of control.  It is one thing to have a policy in place prohibiting bullying.  It is so much important for schools to actively enforce it and take additional steps to foster a positive climate in which bullying of all kinds is not tolerated (by staff or students).  Staff need to educate students about appropriate behaviors and take action (informal or formal) against bullies.  Adults who argue that bullying is a normal part of growing up (“kids will be kids”) are contributing to the problem. Students, too, have a role when they see bullying occurring.  Standing by and watching it occur without doing anything is also contributing to a culture where bullying is considered normative behavior and therefore passively condoned and tolerated.  If you are a student and see someone being bullied, please tell an adult in the school that you trust will take appropriate actions (without making things worse for you or the target).  Together, students and staff can work together to create and maintain a positive learning environment free from harassment and abuse.