Missouri Prosecutors Going Overboard In Bringing Cyberbullying Cases

from the shiny-new-tool dept

While Lori Drew was eventually convicted under computer hacking laws, originally prosecutors in Missouri refused to charge her, noting that it was pretty clear she had not broken any laws in Missouri. Not surprisingly, the emotionally-tinged case meant that politicians had to rush into the void, hastily passing a law to make it illegal to be a jerk online. Of course, prosecutors couldn't go back and retroactively charge Drew, but they apparently haven't wasted much time in making use of the new law, charging at least seven people under the new law for a variety of "cyber" harassment attacks, mostly involving annoying someone with text messages. Of course, as some are noting this is a waste of taxpayer money, burdening the court system with annoyances that should be settled informally among people. Have we really reached a point in society that people have to run to court every time someone acts like a jerk towards them?

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Legal Issues

by Mike Masnick

Wed, Dec 10th 2008 3:17pm

Student Sues School For Suspending Her Over Facebook Group

from the free-speech-or-cyberbullying dept

Last year, we pointed out that teachers are increasingly complaining that students are cyberbullying not each other... but the teachers themselves. Of course, in a lot of cases these seem overblown. Yet, that hasn't stopped some teachers from arguing that cyberbullying should be a criminal offense. Yet, when teachers overreact and consider just about any criticism "cyberbullying" you're going to run into problems. Take, for example, the case of Katherine Evans. As a high school student who didn't much like her English teacher, she created a Facebook group called "Ms. Sarah Phelps is the worst teacher I've ever met!" That doesn't seem like cyberbullying. That seems like garden variety student-bitching-about-teacher. Even worse, Evans' fellow students told her it was a stupid group, and expressed support for the teacher, such that Evans decided to take down the group herself

But, the school apparently felt this was a big problem, claiming that this was cyberbullying harassment and "disruptive behavior." It suspended Evans for three days and pulled her out of various advanced placement classes. Now, Evans is suing the school for violating her free speech rights. As the Wired article notes, there have been lawsuits about free speech in school in the past, but the internet makes the issues a bit different here. Either way, it's quite difficult to see how the school can claim that such a group is actually cyberbullying, and punishing the girl for venting hardly seems like a reasonable response (especially for an issue that was dealt with by other students in a reasonable manner). What is this world coming to when people can't take the slightest criticism and insist that it's somehow "cyberbullying" that requires punishment or discipline?

61 Comments | Leave a Comment..

Overhype

by Mike Masnick

Wed, Aug 1st 2007 3:37pm

UK Teachers Union Demands YouTube And RateMyTeacher Be Shut Down

from the censorship-to-beat-cyberbullying? dept

Back in May, we wrote about teachers in the UK demanding that "something must be done" about cyberbullying of teachers. It appears that teachers have had enough of the various online pranks and tricks that kids pull on teachers. However, as we pointed out at the time, the "something must be done" cry seems pretty pointless. Kids are always going to find ways to bully each other and teachers, and there's no magic bullet solution. Apparently, the teachers missed that lesson, because they're back with actual suggestions on what can be done. Dave writes in to let us know that a teacher's union in the UK (apparently one of many) has adopted a resolution asking for a ban on sites used for cyberbullying. Reading the details of the resolution shows the only two sites they name are YouTube and RateMyTeacher.com -- both of which have many perfectly legitimate uses and where cyberbullying takes up a tiny fraction of their usage. More importantly, however, shutting down these sites will have absolutely no impact on bullying -- except perhaps encouraging the kids to turn it up a notch, knowing that their tactics have had the desired impact. There are nearly infinite outlets for the cyberbullying to take place, and shutting down one will simply encourage kids to use a different method of cyberbullying. It seems highly unlikely that the teachers will get their way, but it's nice (ok, more like troublesome) to know that a bunch of teachers seem to think that the best way to deal with problems between people is censorship and blaming the tool involved.

30 Comments | Leave a Comment..

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Missouri Prosecutors Going Overboard In Bringing Cyberbullying Cases

from the shiny-new-tool dept

Student Sues School For Suspending Her Over Facebook Group

from the free-speech-or-cyberbullying dept

UK Teachers Union Demands YouTube And RateMyTeacher Be Shut Down

from the censorship-to-beat-cyberbullying? dept

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