Regulating Student Cyberbullying

Rutgers Law Record

Authored Article

Cyberbullying is at the forefront of the public conscience. Americans read about it, blog  about it, and mourn about it. It is bad for the cyberbullies and those being victimized; it is bad for the families and friends of the bully and the victim; and it is bad for K-12 schools, that as of now are left with little to no recourse against cyberbullies. Until the Supreme Court of the United States hears a student cyberbullying case and differentiates cyberbullying from forms of protected expression, as it did with traditional bullying and hate speech, cyberbullied students will remain defenseless. Thus, cyberbullying is a problem that prompts an important question: to what extent does the constitutional framework allow schools to address cyberbullying through censorship?

Republished with permission. This article first appeared in Rutgers Law Record on April 19, 2013.