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Stop Cyber Bullies: Vague Cyber bullying Laws Aren’t Effective
By Ben | September 13, 2009
According to an editorial in the New York Times, “Vague Cyberbullying Law,” “Lori Drew acted grotesquely if, as prosecutors charged, she went online and bullied her daughter’s classmate, a 13-year-old girl who ended up committing suicide. A federal court was right, however, to throw out her misdemeanor convictions recently. The crimes she was found guilty of, essentially violating the MySpace Web site’s rules, are too vague to be constitutional.”
Whether or not we’d agree with the constitutional interpretation of the US District Court judge, I think the ruling illustrates clearly why we need clear, specific laws to stop cyber bullies.
Freedom of speech is not the issue. We abridge freedom of speech in many ways because, in some situations, there are values more important than freedom of speech. That’s why we prohibit yelling “fire” in crowded public places and why we have laws against libel and slander. Difficulties in enforcing some laws like libel and slander are no reason not to have such laws. We recognize that such difficulties mean that there are a lot of gray areas in human behavior in these areas. Therefore, we expect human judgment to be required in these difficult areas. But if we didn’t have laws, we’d never be able to respond to cases that are clear.
Angry, vindictive and relentless bullies will continue to abuse their targets by whatever means they can. If we avoid the difficulties in trying to stop cyber bullying, if we say that we can’t distinguish between lying about our age, weight or physical appearance online, and plotting to cause emotional distress or persecuting someone or spreading malicious, false gossip and rumors online, we only encourage cyber bullying – especially if it can be done anonymously.
Therefore, we need laws that are as specific and clear as we can write them, as well as human judgment in enforcing them. I’d rather have the option to effectively prosecute people like Lori Drew than to be unable to because there are no clear and specific laws.
Because internet use is nationwide, we need the laws to be Federal laws.
On the other side of the equation, we hope we’ll be able to raise our children to be more sturdy than Megan Meier was. We hope we’ll recognize the signs that our children are targets of cyber bullies. But we’ll never succeed in raising all our children to be mentally and emotionally strong enough to resist all pressures and stress. Not all children will develop the self-esteem and self-confidence to thrive in the real world. Negative input and negative self-talk will always be a problem. But in many cases, strong Federal laws will help protect people, especially teenagers. Cyber safety for as many people as possible takes precedence over freedom of speech.
Topics: Bullies at School, Coaching, Consulting, cyberbullying, parenting, Parenting Bully-Proof Kids Book, Stop Bullies Book | 5 Comments »
October 1st, 2009 at 8:11 pm
My person and company have been targeted over the years by a x husband whom has now passed away leaving his legacy of insults and ? in potential costomers minds, forever in cyber space. I need to have advise or professioanl help in getting these links removed by the publishers since we no longer can get the court to help us because he is passed on.
October 3rd, 2009 at 11:21 am
Hi Annette,
That sounds like a horrible situation.
I don’t know the legal hoops and I’m not a lawyer, but I’d recommend Curt K., the Undercover Lawyer, at http://www.UndercoverLawyer.com.
I hope you can get rid of those statements.
Best wishes,
Ben
March 20th, 2010 at 4:37 pm
My daughter has been harrassed and stalked at school by a girl with adhd. she is jealous of my daughter and gets in her face and asks if shes her friend. My daughter thoughtv she could handle it, but practically in front of my eyes, she joined an I hate this girl webpage and as I noticed what this person wrote, she changed her answer to no.I was threatened to be sued until my daughter deleted her name.I worry every day about her having to deal with this girl.My daughter was unaware of it doing harm.
March 22nd, 2010 at 8:14 am
Hi Carolyn,
This is a tough situation … and each one is unique and requires different tactics in order to be successful.
If I understand correctly, the hard lesson your daughter learned is that, no matter how she feels, piling on publically is not a good strategy.
First, you try the school authorities. I assume that they already know what’s going on and aren’t going to stop the girl because she has ADHD and they’ll protect her and victimize the other kids. But get a group of parents together and tell the principal and district superintendent about the publicity and law suits you’ll bring if they don’t act.
If the school officials don’t act effectively, you’ll have to go to the girl’s parents. First, make sure you have evidence of the girl’s harassing and stalking your daughter … that’s what cell phones are really for. You may need to report this to the police and go to the parents with the police. Since they’ve already threatened to sue about the webpage (as they should) you want to record and have outside witnesses to any conversation. If the parent’s can’t control their daughter, you’ll be the one suing.
Please see, “Stopping School Bullies Requires More than Laws, Policies,” http://www.bulliesbegoneblog.com/2010/03/08/stopping-school-bullies-requires-more-than-laws-policies/
You’ll need a lawyer to plan legal and effective actions and a coach to keep your spirits, strength, courage and perseverance up.
Personally, I put my child’s education ahead of vindication and justice. So I might move her to a different school while I’d fight what will probably be a protracted battle.
Good luck,
Ben
August 23rd, 2010 at 9:15 pm
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