It seems that there has been a rash of bullying related suicides around the coutry recently. I say "seems that" because these tragedies happen regularly and I have no idea if the recent ones reflect an increase in their frequency, or simply an increase in the number that have been reported (It's worth pointing out the October is, apparently, Anti-Bullying Awareness Month). As we will discuss at some point in 2301, the media tends to have a pack mentality and once a story becomes topical, similar stories are then more likely to be spotlighted. Altogether it drives up readership.
Nevertheless, these events have led some to argue for increased punishment for those who bully others, and cause them to hurt themselves. New Jersey's U.S. Senator will "introduce legislation requiring colleges to adopt a code of conduct that prohibits bullying and harassment." Now questions are being raised about whether these laws (or laws in general) are the appropriate way to deal with this problem. How does one define "bullying" in such a way that does not allow for the over-aggressive, arbitrary use of executive power? How loosely might the concept of bullying be defined by law enforcement? Might this cure be worse than the disease? Might there be better ways of dealing with bullying? But if there are, what are they and how effective might they be?
The concept of "cyber-bullying" adds a wrinkle to the issue since there is no face to face interaction between the bully and the bullied, and the communication is simple speech. It's obnoxious speech, probably hateful as well, but its still speech. How can we know for sure that a direct causal link exists between a speech act and an action by the person who was the subject of the speech? As my 2301s plunge into civil liberties and the freedom of speech (among others), we should consider how the courts might deal with a lawsuit, or law which attempts to deal with cyber-bullying.
- bullying.org.
- Stick and Stones ... and Words.
- Candidates Spar over Cyber-Bullying.
- Seizing the Moment
Update: Laws are now being considered here in Texas. It is worth noting that the design of the Texas Constitution prevents the legislature from passing such laws, since the legislature is not in session and will not be until early January. This makes passage of such a bill contingent on whether this item is still topical then. This is a further example of the way that governmental power is limited in the state. We should discuss whether this is a good or bad thing.
