Cyberbullying is a
major problem causing significant harm. There is no dispute that students today
use e-mail, messaging, texting, and social networking sites on almost an hourly
basis to stay in touch with one another. In one survey of thirteen- to
seventeen-year-olds, thirty-five percent reported being the targets of Internet
harassment including “rude or nasty comments, rumors, and threatening or
aggressive messages. As one teenage victim stated: “It makes me hurt both
physically and mentally. It scares me and takes away all my confidence to
make me feel sick and worthless.
Bullying versus
It is apparent that neither
the courts nor the schools are clear on how legally to deal with the problem of cyber bullying. What makes the legal framework for cyber bullying so difficult? The answer, as set forth in this is
that cyber bullying differs from off-line bullying such that current laws and
school policies are often inadequate to deal with this new forum for bullying
Cyber bullying presents a
danger to schoolchildren. Because cyber bullying involves the Internet and
the use of cell phones, it is more pervasive, relentless, and cruel than
off-line bullying. There is simply no escape for victims of cyber bullying. Indeed, cyber bullying follows a victim from their school
to their home, and possibly to their adult life. Legislatures and public
schools are taking measures to combat cyber bullying. However, with this
new medium for bullying comes many new and challenging legal issues.
A cyber bullying policy carefully adopted
These new issues can be
resolved. A cyber bullying policy that carefully adopts language to deal
with a public school’s jurisdiction over off-campus speech that either
materially disrupts school activities or impinges on another student’s rights
should address First Amendment concerns. A cyber bullying policy that sets
forth clear definitions of terms and gives proper notice to students and parents
should ensure that due process is met. And finally, a cyber bullying policy that establishes a reasonable process by which school officials can
conduct searches of students’ personal electronic devices when investigating cyber bullying claims should address Fourth Amendment issues. The model cyber bullying policy set forth in Appendix B attempts to do just that—to
provide a step in the right direction so that public schools can ensure a safe
environment without trampling students’ constitutional and legal rights.
