In Several States, A Push to Stem Cyberbullying
Most of the Laws Focus on Schools
By Ashley Surdin
Washington Post Staff Writer
Thursday, January 1, 2009
1.
More and more children and teenagers wage war with one another on
computers and cellphones. As a result, some states have passed laws to
stop harassment, intimidation and threats on the Internet.
2.
Most of the laws are aimed at school districts, requiring them to
develop policies on cyberbullying -- for example, how to train school
staff members or discipline students. At least 13 states have passed
such laws, including Arkansas, Delaware, Idaho, Iowa, Michigan,
Minnesota, Nebraska, New Jersey, Oklahoma, Oregon, South Carolina and
Washington. A handful of other states are considering similar measures.
3. This week, California becomes the latest state to tackle
the issue. Starting today, California schools may suspend or expel
students who commit cyberbullying.
4. "This is part of a
trend that is happening across the country, which is basically state
legislatures telling the school districts that this is an issue they
want them to address," said Nancy Willard, executive director of the
Center for Safe and Responsible Internet Use. "The message is: Do
something."
5. Though many schools throughout the nation
have developed their own policies, some remain unsure how to handle
cyberbullying. It can be time-consuming and difficult to investigate,
given the veil of anonymity the Web offers. Educators may not
understand the technology that students are using.
6. But
the biggest cause of schools' hesitation, educators and legal experts
say, is the fine line between protecting students from harassment and
observing their right to free speech. As a consequence, some educators
take a "not my problem" approach to off-campus cyberbullying, Willard
said.
7. According to critics of the cyberbullying laws,
that's the right approach. "The problem with these laws is that schools
are now trying to control what students say outside of school. And
that's wrong," said Aden Fine, a senior staff lawyer with the national
legal department of the American Civil Liberties Union. "What students
say outside of school -- that's for parents to deal with or other
government bodies to deal with. We have to keep in mind this is free
speech we're talking about."
8. But Willard said it is a
mistake for school officials not to pay attention to cyberbullying
outside of school because escalating harassment often spills onto
campus. Research also shows that such bullying leads to students
failing in school, avoiding class and considering suicide, she said.
9.
Champions and critics of the laws agree that preventive education is a
more powerful deterrent to cyberbullying than discipline.
Adapted from
http://www.washingtonpost.com/wp-dyn/content/article/2008/12/31/AR2008123103067.html