Saying more than just "Hello World" - Cyberbullying

I first entertained the idea of practicing law after writing a paper in high school that featured Tinker v. Des Moines Independent Community School District, 303 U.S. 503 (1969).  In Tinker, several students were suspended for wearing black armbands in protest of the Vietnam War.  The Court held that freedom of expression applies equally to students and adults.  As you can easily see, this decision was of great interest to a rebellious teenager, but why is this forty-year-old decision relevant to cyberlaw and policy? 

Well, the doctrine has been summoned into the debate of cyberbullying. What is cyberbullyng? It's basically the torment and harassment of a minor, often students, committed by another minor, and it takes place using various forms of social media.  However, students, like everybody else, have at least some rights to freely express their opinions, unless they are materially disruptive to other students. Under the Tinker standard, school officials can often be unsure of when to take action, and concerned parents and educators are turning to lawmakers for help.  What can the legislators do? Well, since the issue is really where to draw the line, lawmakers can draft a clear line of demarcation.  But will these laws withstand a first amendment challenges?

An outline of the states that have enacted these laws has been listed by Dr. Sameer Hinduja and Dr. Justin W. Patchin. The survey can be found  here:

http://www.cyberbullying.us/Bullying_and_Cyberbullying_Laws_20100701.pdf.

If you wish to further investigate this issue, an excellent resource can be found at

http://www.cyberbullying.us/.

Also, this discussion will continue into the future.