Bullying & Cyberbullying
Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law
Raise your hand if … You have a cell phone You use text messaging You’ve taken photos with a cell phone camera You’ve ever forwarded a message You have a Facebook, MySpace or Twitter account
What’s Wrong with Cell Phones? Nothing! Cell phones are useful tools when used appropriately and with good judgment
What’s Wrong with Facebook? Again, nothing! Facebook is just like a cell phone – you have to use good judgment.
Inappropriate Uses of Cell Phones Texting during class/school Taking embarrassing photos Sending insulting angry or mean messages Cheating or lying Bullying Hurting other people’s feelings
Inappropriate Uses of Facebook Posting during class/school Posting embarrassing photos Writing insulting or mean posts about others Creating a page that has the purpose of hurting someone Creating a fake profile
Bullying? “any ongoing pattern of physical, verbal, or electronic abuse . . . .�
Simply stated, bullying: • •
• •
Is intimidating or subjecting a person to hostility or ill treatment Involves actions which cause another person to feel afraid, humiliated, embarrassed, threatened or shamed Occurs in a relationship where there is an imbalance of power Is repeated over time
Is it bullying? Normal Conflict
Bullying
• Equal power/friends • Happens episodically • Accidental • Equal emotional reaction • Remorse • Effort to solve problem
• Imbalance of power • Repeated pattern of behavior • Intentional • Unequal emotional reaction • Blames target • No effort to solve • Seeking power
Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in repeated, and hostile behavior by an individual or group, that is intended to harm others.
Common Cyberbullying Tactics Stealing someone’s online name and using it to write nasty rumors, comment, or spread gossip. Altering someone’s message or doctoring photographs to say something different or make fun of a person.
Common Cyberbullying Tactics (con’t)
Secretly recording conversations using a cell phone, then playing the recording back for the person being discussed. Posting damaging information on blogs or web sites. Creating or taking part in Internet polling or list-making
Cyberbullying Example of cyberbullying on iChat (Apple’s instant messaging)
Divagirl: Hey, loser, watch your back. tmt323: What r u talking about? Divagirl: Why don't you kill yourself while u r ahead? tmt323: Why can't you just leave me alone? Divagirl: Ugly girls like u need to be put in their place.
How Common is Cyberbullying? ďƒ˜ one in four students between the ages of 11 and 19 have been the victim of cyberbullying. ďƒ˜ Approximately 65 percent of kids know of someone who has been cyberbullied.
How Common is Cyberbullying? 18% of students in grades 6-8 said they had been cyberbullied at least once in the 2 months 6% said it happened 2 or more times 11% of students in grades 6-8 said they had cyberbullied at least once in the last 2 months 2% said they had done it 2 or more times
How Common is Cyberbullying? ďƒ˜ Cyberbullying has increased dramatically in recent years. ďƒ˜ In nationally representative surveys of 10-17 year-olds, twice as many children and youth indicated they had been victims and perpetrators of online harassment in 2005 than in1999/2000
So what’s the big deal?
School-Related Consequences Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of physical, verbal or electronic abuse” Consequences: ─ Loss of extracurricular privileges ─ Detentions ─Short and Long Term Suspension ─Expulsion ─Alternative School Assignment
Examples Seattle, WA.: Students who “liked” Facebook page bullying a classmate all suspended Memphis TN: Honors student suspended for 180 days for commenting on a friend’s status
Civil Consequences Student and parents can be sued • Suing for money; no jail time • Homeowners insurance often pays • Judgments can result in home foreclosure and other hardship Suit can be for: • Intentional infliction of emotional distress • Tortuous interference • Slander
Finkel v. Facebook (N.Y.) High school students created private Facebook page about classmate • Called her a “slut” • Said she had AIDs • Said she used drugs
She sued Facebook and kids who created page Facebook dismissed from lawsuit; students initially left in the case
Criminal Consequences (State Law) Neb. Rev. Stat. 28-311.01 Terroristic Threats: “threatens to commit any crime of violence … • With the intent to terrorize another • In reckless disregard of the risk of causing such terror Class IV Felony punishable by: • Up to 5 years in prison and/or • $10,000 fine
Criminal Consequences (Federal Law) Computer Fraud and Abuse Act (18 U.S.C. 1030) Originally passed to criminalize cyberterrorism Has been used to punish cyberbullies Punishable by: • Up to 20 years in prison and/or • $100,000 fine
United States v. Drew Mom mad at daughter’s classmate • created fake MySpace profile for boy • Friended victim, then dumped her • Girl hanged herself
Charged with violating Computer Fraud and Abuse Act • Based on violation of MySpace’s terms
Convicted; eventually overturned on jurisdictional and other grounds
What Belongs on Your Phone or Profile/Page?
Just ask your Grandma
The Grandma Rule: If you wouldn’t’ show it to your Grandma, don’t photograph it! If you wouldn’t write it to your Grandma, don’t text it! If you wouldn’t tell you Grandma about it, don’t post it! If you wouldn’t say it to your Grandma, don’t call it!