A Legal g Update p on Cyberbullying y y g Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law
Bullying? “any any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle hi l owned, d leased, l d or contracted t t db by a school beingg used for a school p purpose p by a school employee or his or her designee or at school-sponsored designee, activities or school-sponsored athletic events.�
Cyberbullying? Cyberbullying, v: the use of technology such as computers and cell phones to engage in i repeated, t d and dh hostile til b behavior h i byy an individual or group, g p that is intended to harm others. The term "cyberbullying" cyberbullying is used when the victim or bully is a child or teen. The term cyber harassment is used when the victim is an adult.
J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.) 8th grade girls talking smack about a peer; uploaded l d d tto Y YouTube T b Principal p suspended p student who uploaded Court: no disruption to school school, no nexus to education, no basis for punishment
Finkel v. Dauber(N.Y.) High school students created private Facebook page about classmate • Called her a “slut” • Said she had AIDs • Said she used drugs
Sued for • Defamation • Negligent supervision of a child • Cyber bullying as a state tort
D.C. v. R.S. (Cal. 2010) High school student posted on victim’s website • I want to rip out your f-ing f ing heart and feed it to you. • I've I' wanted t d to t kill you. • If I ever see yyou I'm ggoing g to pound p yyour head in with an ice pick. Family sued; defendant said just a joke Court: not protected speech
Sauerhaft v. Bd. Of Ed. (NY 2009) Student e-mailed peer on school acc’t: • FATTYFATTYFATTYFATTY fatty f tt mcfatfat wow you are one fat f**k and everyone hates h t you • Show me yyour tits • You you fat f**k I want to have sex with you in the middle of the night …. Recipient sued claiming violation of Title IX and § 1983
Emmett v. Kent Sch. Dist. No. 415 (W D Wash. (W.D. Wash 2000) Website contained mock obituaries of classmates and visitors voted on who would die next Student suspended for 5 days Court: • No evidence of true threat • No evidence of disruption • Missing playoffs is irreparable injury
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
State v. Murphy (NE) Girl’s family disliked defendant On O MySpace M S he h wrote: t • He was ggoingg to "beat the hell out of a lot of people" • He would be "killing killing a lot of people people.“ • Told girlfriend’s sister he didn’t “want to end d up killi killing her h or her h kid.” kid ”
Charged with making terroristic threats
A Legal g Update p on Cyberbullying y y g Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law