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.