Attention focused on cyberbullying and its impact on students has prompted many states to pass statutes intended to prevent or address online harassment. But those state laws are varied, and experts say they run the gamut from effective to window dressing鈥攐r possibly unconstitutional.
At least 44 states have anti-bullying laws on the books. Six of those include language that specifically mentions 鈥渃yberbullying,鈥� and 31 states have anti-bullying laws that specifically mention 鈥渆lectronic harassment,鈥� according to the , which tracks such legislation.
But the laws differ widely in their scope.
For example, the , adopted partly in response to the suicides of students Phoebe Prince and Carl Joseph Walker-Hoover, specifically refers to cyberbullying and mandates that teachers and other school staff members report bullying to the principal or another administrator. It also requires prevention and intervention training for staff and students in every grade and requires that state agencies publish guidelines and sample policies for schools. The Massachusetts law is considered one of the most comprehensive in the country.
In contrast, Colorado has adopted a 鈥渓egislative declaration鈥� of policy on bullying. It contains no wording pertaining specifically to cyberbullying, says Sameer Hinduja, a co-director of the Cyberbullying Research Center, who is based in Jupiter, Fla. 鈥淚t鈥檚 very vague,鈥� he says. 鈥淛ust because they have a policy, what does that mean?鈥�
Francisco M. Negr贸n Jr., the general counsel for the National School Boards Association, based in Alexandria, Va., says state anti-bullying laws can play an important role in helping schools address cyberbullying. But when those laws mandate action on the part of schools without providing additional dollars, 鈥渋t amounts to unfunded mandates, and that鈥檚 not the best way to make sure something happens,鈥� Negr贸n says.
Hinduja says he鈥檚 equally concerned about laws, like Louisiana鈥檚, that criminalize cyberbullying, because he thinks they go too far. Online harassers in that state over the age of 17 face a fine of up to $500 and six months in jail, while younger offenders get counseling. Creating criminal penalties for such behavior is not going to deter cyberbullying, Hinduja argues.
鈥淵ou have to remember that they鈥檙e students and their development is immature, and they don鈥檛 consider ramifications,鈥� he says. 鈥淲e鈥檙e villainizing these adolescents for basically screwing up, and we鈥檝e all screwed up.鈥�
The Reach of the Law
And state laws do have to consider reach, Negr贸n says.
The Massachusetts anti-bullying law defines the type of bullying that schools must address as not only the events that take place on school property and at school-related functions with school equipment, but also bullying that takes place 鈥渁t a location, activity, function, or program that is not school-related, or through the use of technology or an electronic device that is not owned, leased, or used by the school district.鈥� Though the law states that this bullying should be addressed if it 鈥渃reates a hostile environment at school for the victim,鈥� Negr贸n says it鈥檚 an area that remains unclarified by the courts.
Though many states are finally looking more closely at the problem of cyberbullying, it鈥檚 disappointing that it is often a tragedy that prompts the effort, Hinduja says.
鈥淓veryone opens up their wallets when there鈥檚 a suicide,鈥� he says. 鈥淚t鈥檚 very frustrating because those lives could have been saved.鈥�
Early in January, New Jersey enacted a , which mandates training and prevention programs for adults and students. School districts will be graded by the state on their efforts to combat cyberbullying. The bill was signed into law four months after Rutgers University freshman Tyler Clementi committed suicide after his roommate used a webcam to videotape a sexual encounter he had with a male student. The roommate then broadcast the recording on the Internet.
