Syke Files December 2010

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DECEMBER 2010
RESOLVED: Cyberbullying should be a criminal offense.
Volume 1, Issue 1
The (FREE) Inaugural Issue
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TABLE OF CONTENTS:
TABLE OF CONTENTS………………………………………………….. 2
WELCOME LETTER………………………………………………………. 3
TOPIC ANALYSES………………………………………………………….4
BRIEF TABLE OF CONTENTS………………………………………….7
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Once more thank you for your interest in SYKE files and good luck debating in December!
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What follows are two separate topic analyses, Luke’s and Syed’s. You get two different perspectives on the topic and two
different ways of looking at things, which is inherently valuable. Our topic analyses were written separately. Syed thinks the
topic leans PRO, Luke thinks it leans CON.
LUKE: Hello everyone and thanks for checking out the free December edition of SYKE files. Let’s get right into the topic…
Resolved: Cyberbullying should be a criminal offense.
To begin with, I think the NFL (and the people who voted for this topic, I guess) has done a decent job in that both sides
have relatively equal ground. If I have to pick, I think the topic leans CON but overall there have been much worse topics. Along
with that goes the fact that a lot of arguments – such as school enforcement of the law – can flow either way depending on who
does the better debating so that’s something to watch out for. But, there are a few major issues in the topic, as far as I see it.
Before I begin those, however, a warning. THIS TOPIC IS NOT NECESSARILY A POLICY PROPOSAL. For example, Re-
solved: The United States should significantly increase its use of nuclear energy, is a policy proposal. If someone proves that the
United States already has a ton of nuclear energy, that has impacts on the round. However, this topic merely asks if Cyberbullying
should be a criminal offense, not if we should make it one. Therefore, proving that 45 states already have those laws doesn’t nec-
essarily mean anything in the topic – but I’m hearing a lot of teams try and go after that argument. Just because X number of
states have criminalized cyberbullying doesn’t mean that it should or shouldn’t be a crime (unless you argue that those states rep-
resent the will of the people and that what the community thinks should be a crime should be a crime). But, anyway…
The first issue is ENFORCEMENT. Who the judge believes will enforce/is enforcing the criminalized cyberbullying is a big
deal. It comes down to the question of schools vs. prosecutors/police. Both have their positives and negatives. Schools are sub-
ject to overreaching their boundaries and punishing regular speech under the context of cyberbullying, but are probably more
reactive to cyberbullying itself. Prosecutors are less likely to prosecute minor offenses that don’t deserve prosecution, but do they
really have the resources to do monitor cyberbullying? Finally, state laws are a wash on who they give the enforcement right to.
Both sides need to win their enforcement story and its links to their impacts in order to win the round, in my opinion. ENFORCE-
MENT LEANS CON. (Reason: CON can argue that school enforcement is ineffective/unconstitutional, and can argue that prose-
cutor enforcement won’t work/leads to overcriminalization, allowing them to make more persuasive arguments against both
enforcement mechanisms.)
The second issue is THE SCHOOLS. Along with the issues mentioned above, there are some other serious questions that
need to be asked about the schools. Do they have the constitutional right to punish speech outside the “schoolhouse gate?”
Would resources be better spent investing in education, rather than litigation? What is cyberbullying’s effect on schoolwork?
Does that give the right for school interference. The biggest question, though, is whether school interference is a good thing or
bad thing. If the PRO team wins that schools will enforce the law, and that it’s a good thing, they make up huge points. If the NEG
proves that school interference is a bad thing, they rack up the huge points. A lot of our briefs focus on the question of whether
school interference is good or bad, it’s a forgone conclusion that they will interfere/enforce the law. SCHOOLS TENTATIVELY LEAN
PRO. (Reason: A series of our briefs makes the argument that the lack of clear legal initiative is causing the schools to enforce
without any real justification, which also allows them to overstep their jurisdiction and censor non-damaging speech.)
The next issue is THE STATUS QUO. Are existing harassment/bullying laws sufficient to cover cyberbullying such that it
doesn’t need to be criminalized? Is Cyberbullying getting better or worse in the status quo? Not necessarily huge in the round,
but it’s important enough to be discussed. STATUS QUO LEANS PRO. (Reason: I think the evidence on existing laws only cover-
ing adults is more convincing, and the idea that it’s better to create a new law than to try to shoe-horn cases into laws that
don’t actually fit.)
The next issue is IS CYBERBULLYING A BIG DEAL. Flat-out, this is leaning PRO. The evidence base is pretty consistent that
cyberbullying is worse than traditional bullying, and that cyberbullying affects a large (although “large” can be anywhere from 7 to
90 percent) portion of children. CON can argue that bullying is decreasing and that cyberbullying can’t cause suicide by itself, but I
think judge bias + evidence base = CYBERBULLYING BIG DEAL LEANS PRO. (CON’s best chance against a PRO case focused on this
is to argue that criminalization isn’t the solution. Their effectiveness here makes me think the topic leans CON.) (Reason: Above.)
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The biggest issue is obviously COST-BENEFIT ANALYSIS OF CRIMINALIZATION. This is obviously what the topic comes down to
in the end but a lot of teams will overlook that for “Cyberbullying bad” arguments. Remember, the topic doesn’t concern
itself with whether cyberbullying is bad, other than that question’s impact on criminalization. Now, this is where I think
CON picks up the advantage on the topic and runs with it. PRO can run that criminalization sends a message, or that it is a
vindication, or that people want it to be criminalized. Other PRO arguments here include that bullying is a crime, criminaliza-
tion encourages reporting, and that the only reason it’s not criminalized is because laws haven’t caught up with technology.
Finally, PRO can say that criminalization clarifies the legal confusion on what is already prosecuted as if it was a crime, and
provides an impetus for action and deterrent.
I feel like all of those arguments fall before the CON’s impacts against criminalization. First is the issue of overcrimi-
nalization. Included in the file are several link cards and several impact cards that will allow you to paint criminalization of
cyberbullying as just another example of overcriminalization, allowing you to dismiss the topic and get in some good impact
arguments about overcriminalization. It’s a unique argument, which is typically convincing for judges. Second, CON has the
advantage of bringing up alternatives. Civil litigation is a possible alternative to criminal litigation, as is allowing schools to
punish cyberbullies as not a crime but a breach of school rules, as is simple education. CON can also argue that the most
egregious examples of cyberbullying would be prosecuted under other laws, whereas the non-egregious examples should-
n’t be prosecuted, which I feel is probably the best argument on the topic. Finally, CON’s answers-to the PRO’s arguments
for criminalization are more effective than the PRO’s arguments against the CON’s reasons against criminalization. In other
words, I think CON puts better ink on the flow on both their case and PRO’s. Good luck and have fun!
SYED:
When I first saw this month’s topic I instantly thought to myself, “Finally, PF is making the 1 st constructive speeches im-
portant again!” With this topic, unlike many others, your first speech might be the most important. The topic features wide vari-
eties of arguments most of which we cover in this file, but to adjust to that, a few strategies can be used in round:
APPEAL TO EMOTIONS: When given the opportunity on a topic to make emotional appeals, it’s always a good idea to take
advantage of that opportunity. Unlike plea-bargaining or civil disobedience, bullying actually deeply affects people on a
personal level. If you are one of those teams that have a strong first speaker, consider making one of your points on the
PRO dealing with the negative effects of cyber bullying. Tell the judge specific examples of suicides that have occurred
and why the very nature of cyber bullying makes it such a heinous crime. Remember if you do in fact go this route with
your cases you have to use this point as a complete wild card, you need to have two other points that you can fall
back upon if the judges don’t buy your pathos arguments.
Spread Them: Like I said earlier this topic has a multitude of very good arguments, so all you the fast speakers can really live
it up on this topic, especially in the first speech. This is a topic were you could potentially have four contentions on the
PRO/CON, something that most topics don’t really suit themselves for. Fortunately since the topic is relatively main-
stream and basic, most your judges and opponents will be able to rather quickly comprehend your arguments. In the
past with topics like this, my partner and I have sometimes chosen to also bring up some new arguments in the 2 nd
speech, which works depending on your circuit. Spreading in your speeches will also be able to easily curtail your oppo-
nents’ strategy of just using pathos arguments and a pretty voice.
Now that the cases have been taken care of the second most important part of this debate will probably be the final focus.
With a two-minute final focus make sure that you are making the debate clearer and more concise, smaller in a way. The key to
the final focus is to successfully explain your arguments rather than just provide a multitude of arguments. A lot of teams both
regionally and on the national circuit tend to go line by line in the final focus and just make it yet another rebuttal speech. Stick
with what the intent of the speech was and boil it down to the points you consider your winners. In a topic where a lot of argu-
ments can potentially be brought up it is important that you don’t get muddled up in the debate. Many times in the final focus
and summary speech you have to clear up the debate for both your side and your opponent, make sure you embrace that oppor-
tunity on this topic, judges hate to have to determine which argument they should give more significance to.
Here are some arguments that I consider winners on both the pro and the con.
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PRO:
Cyber bullying is a prominent issue: This is the point where you put all of your suicides data, how many children are affected
by it, what the consequences are in schools and etc. Show the judge that this is truly a problem that is spreading through the
United States. Within this point you can also make the distinction between normal bullying and cyber bullying, contesting that
cyber bullying is far more detrimental to a child.
Criminalizing Cyber Bullying decreases it: Here you would contest that one of the major reasons that cyber bullying is spread-
ing so rapidly throughout the United States is because there is no effective way for us to currently punish the bullies. Many chil-
dren do not report cyber incidents and allow for bullies to run free. Would this change if a law was enacted?
Cyber Bulling Negatively Affects Schools : The evidence that you have and in this handbook that discusses how school safety is
decreased due to bullying and attendance goes down if bullying increased can go in this point. Most of your judges will be edu-
cators and will relate well to a point that ties cyber bullying in with schools. There is a lot of evidence out there that suggest
schools are greatly affected by off-campus cyber bullying.
CON:
Enforcement of Law: This in my opinion is the only clear-cut winner on the topic, if this point is written correctly I feel it will be
extremely difficult to beat. Within this point it is crucial that you relay to the judge that there is no effective constitutional way
to enforce laws on cyber bullying. Bullies have the ability to be completely anonymous on the Internet and the chances of them
being caught are slim to none. Countries throughout the world have attempted to come up with ways to better monitor the
Internet and most of them are completely terrifying. For instance, South Korea monitors everything that one does on social
networking sites and chat rooms and provides people with contact information if they would like to sue you for a crime con-
ducted on the Internet. Basically, the main idea of this point is that there is no possible way for us to enforce any cyber bullying
law with an excess amount of our rights being infringed.
Free Speech: All of you constitution buffs have probably already thought about this point, but it ties in very well with the en-
forcement point. If we enforce a cyberbullying law we will be infringing on someone’s first amendment right to free speech.
The argument is very simple to make but you need to be able to prove that this infringement is not justified. There are various
court cases that have dealt with free speech with stalkers and bullies, reading the courts verdicts on these cases can prove to
be effective.
In the end I feel like this is a very balanced topic for both sides with a slight advantage to the pro. The Pro might not
have all of the statistics backing it but it can all ways refer back to body counts. If on pro you are able to prove that legislation
on cyber bullying will prevent suicides and deaths, it is game over. Body counts have always been an effective strategy to use in
Public Forum debate, and should be useful in this debate also. Just telling the judge that by voting pro you have the potential to
save X amount of lives is completely different from any argument the Con can get on the flow. Have fun debating guys and re-
member to enjoy a great topic!
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TABLE OF CONTENTS:
PRO:
DEFINITIONS:
CYBERBULLYING DEFINITION
CYBERBULLYING ONLY BETWEEN TWO MINORS
ANSWERS-TO:
A/T BULLYING ISN’T A CRIME
A/T BULLYING ISN’T A CRIME: IDAHO LAW
A/T CYBERBULLYING IS KIDS BEING KIDS
A/T VICTIM CAN LOG OFF
A/T CRIMINALIZING MEANNESS: HAS TO BE INTENT TO HARM
CYBERBULLYING BAD:
STATS:
CYBERBULLYING INCREASING
ONE THIRD OF TEENS CYBERBULLIED
20% OF KIDS, 90% OF GAY STUDENTS BULLIED
BULLIES BECOME CRIMINALS
43% OF TEENS HAVE BEEN CYBERBULLIED
78% OF YOUTH HAVE BEEN CYBERBULLIED
90% OF STUDENTS HAVE HAD FEELINGS HURT ONLINE
CYBERBULLYING STAT BRIEFS
ANECDOTES:
CYBERBULLYING ANECDOTES
THREE MORE CYBERBULLYING ANECDOTES
WORSE:
CYBERBULLYING LARGER THREAT THAN PREDATORS
CYBERBULLYING MORE HARMFUL THAN TRADITIONAL BULLYING
VICTIM: CYBERBULLYING WORSE THAN REGULAR BULLYING
CYBERBULLYING’S UNIQUE CHARACTERISTICS MAKE IT WORSE
TRADITIONAL BULLYING TRANSITIONING TO CYBERBULLYING
CYBERBULLYING MUCH WORSE: ANONYMITY
CYBERBULLYING MUCH WORSE: INTENTIONALLY MEANER
CYBERBULLYING WORSE: IT’S THERE FOREVER
CYBERBULLYING WORSE: NO SAFE HAVEN
CYBERBULLYING WORSE: NO SUPERVISION
CYBERBULLYING WORSE: IT BREEDS MORE CYBERBULLYING
EFFECTS OF CYBERBULLYING WORSE
CYBERBULLYING IMPACTS LAST LONGER THAN REGULAR
SUICIDE:
CYBERBULLYING CORRELATES TO SUICIDE
SUICIDE TRENDING UPWARD
CYBERBULLYING CAUSED FOUR SUICIDES IN FOUR WEEKS
OTHER:
BULLYING HAS LONG TERM EFFECTS
CYBERBULLYING AFFECTS SCHOOLWORK
CYBERBULLYING CONSIDERED FELONY, EQUAL TO MAJOR CRIMES
BULLYING = DEPRESSION AND SKIPPING SCHOOL
CYBERBULLYING INCREASES BULLYING DEMOGRAPHIC
CYBERBULLYING LEADS TO SCHOOL VIOLENCE
CYBERBULLYING = DELINQUENCY AND VIOLENCE
CYBERBULLYING WILL CONTINUE
3.2 MILLION YOUTH BULLIED, CYBERBULLYING WORSE
SCHOOLS:
FEW STATES GIVE SCHOOLS CYBERBULLYING JURISDICTION
SCHOOLS GOOD:
SCHOOLS HAVE RIGHT TO INTERFERE WITH OFF-CAMPUS
SCHOOLS HAVE RIGHT TO CURTAIL STUDENT SPEECH
CYBERBULLYING A SCHOOL SAFETY ISSUE
SCHOOLS BETTER AT STOPPING BULLYING
SCHOOLS BAD:
SCHOOLS CENSOR OFF CAMPUS SPEECH
SCHOOLS OVERREACT AND SUPPRESS SPEECH
SCHOOLS SHOULD HAVE NO JURISDICTION
SCHOOL PROGRAMS MAKE PROBLEM WORSE
SCHOOL ENFORCEMENT FAILS BECAUSE THEY CAN’T USURP PARENTS
SCHOOLS FAIL TO STOP BULLYING
STATUS QUO/ALTERNATIVES FAIL:
STATUS QUO FAILS: INDIANA LAW CAN’T ADDRESS CYBER CRIME
EXISTING STALKING AND HARASSMENT LAWS DON’T COVER
A/T CYBERBULLYING IS A HARASSMENT CHARGE
EXISTING REMEDIES INADEQUATE
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CIVIL LITIGATION WILL FAIL TO STOP CYBERBULLYING
CIVIL DEFAMATION IS INADEQUATE, BUT POLICE AREN’T PUNISHING
CYBERBULLYING CAN’T BE PUNISHED UNDER STATUS QUO
A/T CIVIL LITIGATION
CRIME THEORY:
61% BELIEVE BULLYING SHOULD BE MADE A CRIME
CRIME = COMMUNITY TAKES A SHARED VIEW ON AS WRONG
JUSTIFIED TO INTERVENE IN THE INTERNET
OFFENSE ON CRIMINALIZATION:
GENERAL:
LAWS INCENTIVIZE ACTION
45 STATES HAVE ANTI-BULLYING LAWS
PROSECUTION SENDS MESSAGE, VINDICATION OF LOSS
LEGISLATIVE EFFORTS SHOULD BE APPLAUDED
THERE ARE EQUIVALENT ADULT CRIMES
EXAMPLE OF HOW CRIMINALIZING SOLVES (LONG)
NO LEGAL RESPONSE FORCES EXTRALEGAL VIGILANTE RESPONSE
BETTER TO CRIMINALIZE THAN TO MISUSE EXISTING LAWS
FEDERAL LAW REQUIRED TO SHORE UP JURISDICTIONAL CHALLENGES
LACK OF LAW BAD:
LINK CARD: LACK OF CYBERBULLYING LAW LEADS TO CENSORSHIP
LINK: LACK OF LEGAL CLARITY LEADS TO SCHOOL OVERREACH
LINK: LACK OF LEGAL CLARITY = SCHOOL INACTION OR OVERREACH
BETTER THAN SCHOOLS:
CRIMINAL SOLUTION BETTER THAN SCHOOLS
CYBERBULLYING CIRCUMVENTS BULLYING PREVENTION METHODS
LAWS NEED UPDATED:
LAWS NEED UPDATED TO INCLUDE CYBER-CRIMES
THE LAW MUST EVOLVE WITH THE TIMES
LAW IS INADEQUATE
BULLYING REGULATED, CYBERBULLYING IS NOT
TECHNOLOGY HAS JUST GOTTEN AHEAD OF LAWS
TECH OF BULLYING HAS ADVANCED PAST PREVENTION
CON
DEFINITIONS
CYBERBULLYING DEFINITION: ONLY BETWEEN TWO MINORS
ANSWERS-TO
A/T CYBERBULLYING A CRIME IN IDAHO
MEGAN MEIER CASE WAS NOT CYBERBULLYING
A/T 1ST AMENDMENT DOESN’T PROTECT ANONYMOUS SPEECH
REASONABLE THAT LEVEL OF HARM DETERMINES PUNISHMENT
IMPOSSIBLE TO HOLD BULLY RESPONSIBLE FOR SUICIDE
SUICIDE TRAGIC, RARE, AND NOT CAUSED BY THE BULLY
BEING A JERK IS NOT A CRIME
SUICIDE IS NOT NECESSARILY A RESULT: PHOEBE PRINCE
A/T PROSECUTORS WON’T OVER-PROSECUTED
A/T CYBERBULLYING IS WORSE
CYBERBULLYING NO BIG DEAL
BULLYING ACTUALLY GETTING BETTER
CYBERBULLYING HAPPENS 1/3 LESS THAN TRADITIONAL
MANY TEENS MESS UP; DESERVE SECOND CHANCE
BULLYING JUST A SOUNDBITE POLITICAL PANIC; NO REAL THREAT
BULLYING IS ON THE DECLINE
NO DIRECT CAUSATION TO SUICIDE
CYBERBULLYING HAPPENS LESS THAN REGULAR
CYBERBULLYING ITSELF DOESN’T LEAD TO SUICIDE
FOCUS ON CYBERBULLYING DISTRACTS FROM REAL BULLYING
CYBERBULLYING DOESN’T BOTHER THE MAJORITY OF VICTIMS
74% SAY THEY ARE NEITHER CYBERBULLIES NOR VICTIMS
ALTERNATIVES
BETTER WAYS TO ADDRESS CYBERBULLYING
CYBERBULLYING INCIDENT SHOULD BE HANDLED INFORMALLY
SCHOOL
SCHOOLS HAVE UNIQUE POSITION IN CURBING CYBERBULLYING
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LESSON FROM SCHOOL ENOUGH TO CURB CYBERBULLYING
SUPREME COURT GIVES SCHOOLS RIGHT TO MONITOR STUDENT SPEECH
SCHOOL CLIMATE NECESSARY TO REDUCE BULLYING
SCHOOL ANTI-BULLYING PROGRAMS EFFECTIVE
STUDENTS SHOULD BE EDUCATED ABOUT PROBLEM
SCHOOL ENFORCEMENT PREFERABLE TO CRIMINALIZATION
SCHOOLS ARE BETTER SUITED TO DEAL WITH CYBERBULLIES
POLICE/COURTS DON’T HAVE TIME, SCHOOLS MORE PRACTICAL
SCHOOL PREVENTION PROGRAMS REDUCE BULLYING BY 50%
SCHOOLS AND PARENTS ARE THE ONLY WAY TO SOLVE
EDUCATION
EDUCATION IS THE SOLUTION, NOT CRIMINALIZATION
PROTECTION EDUCATION NEEDED
SHOULD BE EDUCATING STUDENTS
STATUS QUO
CIVIL LITIGATION BETTER THAN CRIMINAL
SOLUTION LIES IN CIVIL, NOT CRIMINAL, COURT
TRUE CRIMES CAN BE PROSECUTED, CIVIL IS MORE REALISTIC
CIVIL
HARASSMENT LAWS INCLUDE CYBERBULLYING
STATUS QUO HAS PUNISHMENTS ALREADY
CONSTITUTION
CRIMINALIZATION WOULDN’T STAND CONSTITUTIONALITY
CRIMINALIZING VIOLATES FIRST AMENDMENT
PROHIBITING MEAN WORDS WON’T PASS CONSTITUTIONAL MUSTER
ANTI-BULLYING LEGISLATION IS OVERBROAD AND ABUSIVE
ENFORCEMENT
IMPOSSIBLE TO DISTINGUISH BETWEEN CRIMINAL AND CRUEL
CYBERBULLYING RAISES PROBLEM OF CAUSATION
PROSECUTION IS RARE AND DOESN’T COMPENSATE VICTIM
STUDENTS WON’T REPORT CYBERBULLYING, PROSECUTION FAILS
WOULD CRIMINALIZE 53% OF TEENS
PUNISHMENT WOULDN’T MATCH UP TO THE CRIME
KIDS DON’T KNOW WHO BULLIES THEM
ENORMOUS NUMBER OF AMERICANS WOULD VIOLATE TOS LAW
HALF OF VICTIMS DON’T KNOW CYBERBULLIES
LAW ENFORCEMENT BUSY WITH “REAL CRIME”
STATUS QUO CRIMINAL LAWS INEFFECTIVE
OVERCRIMINALIZATION
IF THERE ISN’T A LAW ON THE BOOKS ALREADY, IT ISN’T A CRIME
LINK CARD: CRIMINALIZE CYBERBULLYING = OVERCRIMINALIZATION
CYBERBULLYING WOULD FLOOD THE JUSTICE SYSTEM
OVERCRIM. IMPACT: DISTORTS PURPOSE OF LAW ENFORCEMENT
OVERCRIM IMPACT: LOSS OF RIGHTS, PROSECUTORIAL SUPREMACY
OVERCRIM IMPACT: MISALLOCATION OF LIMITED RESOURCES
OVERCRIM IMPACT: ANCILLARY COSTS TO SOCIETY
LINK: CYBERBULLYING CONVICTION = OVERCRIMINALIZATION
KINDNESS AND COMPASSION NOT ENFORCED BY LAW SCHOOLS BAD
LINK CARD: SCHOOLS ENFORCE THE LAW
SCHOOLS HAVE NO OFF-CAMPUS RIGHTS
SCHOOLS TERRIBLE ENFORCERS, OVERSTEP BOUNDS
LINK CARD: LAWS EMPOWER SCHOOL OVERREACH
GENERAL ANSWERS TO CRIMINALIZATION
PREVENTION BETTER THAN PUNISHMENT
CYBERBULLYING A WASTE OF COURT RESOURCES
FATHER OF CYBERBULLY SUICIDE VICTIM SAYS LAWS BAD IDEA
EXPERTS: PROSECUTION WORST POSSIBLE SCENARIO
LAW IS NOT A DETERRENT
LABELING TEENS AS “CRIMINALS” HURTS IN THE LONG RUN
FOCUS ON CYBERBULLYING ACTUALLY INCREASES CYBERBULLYING
BULLIES NEED INTERVENTION, NOT PROSECUTION
EXPERT: CRIMINALIZATION IS NOT THE BEST COURSE
LEGISLATION INEFFECTIVE AND HEAVY HANDED
CRIMINALIZING IS NOT A DETERRENT
CRIMINALIZING NOT THE RIGHT APPROACH
INVERVENTION NEEDS TO BE THERAPEUTIC; NOT PUNITIVE
CRIMINALIZE = RECORDS RATHER THAN DIPLOMAS
PEOPLE SHOULD ONLY BE CHARGED FOR CRIMES THEY INTEND
CRIMINALIZATION NOT THE BEST WAY TO PUNISH OR PREVENT
NOT A CRIME NICE QUOTE
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TEENS DON’T THINK IT SHOULD BE CRIMINALIZED
“NOT SOMETHING YOU CAN LEGISLATE OR ARREST OUT OF”
SHOULD NOT BE CRIMINALIZED
S.C. RECOGNIZES LAWS WON’T DETER
LAWS RUIN LIVES, NOT SAVE THEM
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SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

HOUSE RESOLUTION 1966: MEGAN MEIER LAW

HOUSE RESOLUTION 1966—THE MEGAN MEIER CYBERBULLYING PREVENTION ACT. APRIL 2, 2009. SPONSORED BY REP.
LINDA SANCHEZ, (D-CALI). 111TH CONGRESS, 1ST SESSION.
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1966:
ACCESSED: NOVEMBER 27, 2010
Whoever transmits ... any communication, with the intent to coerce, intimidate, harass, or cause substantial
emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior,
`(1) the term `communication' means the electronic transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as sent and
received; and
`(2) the term `electronic means' means any equipment dependent on electrical power to access an information
service, including email, instant messaging, blogs, websites, telephones, and text messages.'.
NOTES:
 Read the bolded portion of the evidence; the rest of it is for clarification if needed.
 The ellipses contained the phrase “in interstate or foreign commerce.” It was in the original bill to give Congress
justification to deal with it under the interstate commerce clause, but isn’t necessary for a general description of
cyberbullying.
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CYBERBULLYING ONLY BETWEEN TWO MINORS
ZANDE IN 2009
KARLY ZANDE, MICHIGAN STATE UNIVERSITY COLLEGE OF LAW. BARRY LAW REVIEW, FALL 2009. ‚WHEN THE SCHOOL
BULLY ATTACKS IN THE LIVING ROOM: USING TINKER TO REGULATE OFF-CAMPUS STUDENT CYBERBULLYING‛
ACCESSED VIA LEXUSNEXUS
ACCESSED: NOVEMBER 29. 2010
Traditional bullying is used to describe incidents occurring between school-age children. The law has developed
other terms, such as harassment, abuse, or assault, to describe acts occurring between two adults, or an adult
and child. Following that trend, especially given the similarities between cyberbullying and traditional bullying, it is
logical to limit the definition of cyberbullying to the acts of school-age children.
NOTES:
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15

A/T BULLYING ISN’T A CRIME
BACKUS IN 2009
MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RE-
SERVE LAW REVIEW, FALL, 2009.
ACCESSED VIA LEXUSNEXUS.
While a majority of states have general bullying laws, the National Conference of State
Legislatures lists 19 states as having enacted some form of specific cyberbullying legislation--
Arkansas, California, Delaware, Florida, Idaho, Iowa, Kansas, Maryland, Michigan, Minnesota,
Missouri, Nebraska, New Jersey, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
and Washington.
NOTES:
 BOLDED
16

(A/T BULLYING ISN’T A CRIME) IDAHO BULLYING LAW QUOTE
IDAHO STATE CODE

http://law.justia.com/idaho/codes/2005/18ftoc/180090017a.html
Idaho Code - 18-917A
(1) No student shall intentionally commit, or conspire to commit, an act of harassment,
intimidation or bullying against another student.
NOTES:
17

A/T CYBERBULLYING IS KIDS BEING KIDS
ADAMS IN 2010
INSTRUCTOR MAGAZINE (PUBLISHED BY SCHOLASTIC), INSTRUCTOR VOLUME 120, ISSUE 2. ‚CYBERBULLYING‛ ADAMS,
CARALEE.
http://www2.scholastic.com/browse/article.jsp?id=3754861
ACCESSED: DECEMBER 1, 2010
The first step is to take it seriously, says Michelle Boykins, director of communications and marketing for the
National Crime Prevention Council. "It's not just kids being kids. We have to make sure cyberbullying is not a rite
of passage. If we don't change the culture then we are helping young people be victimized."
NOTES:
18

A/T VICTIM CAN LOG OFF
ZANDE IN 2009
While some may argue that the victim could escape merely by turning off her cell phone or signing offline, this is
not the reality for today's students. Technology has become so entwined with teenage lives, as a vehicle for both
completing schoolwork and hanging out with friends, that logging off is simply not a viable option. Thus,
cyberbullies effectively "have their victims on an electronic tether."
NOTES:
19

A/T CRIMINALIZE MEANNESS: HAS TO BE INTENT TO HARM
TIME IN 2010
TIME MAGAZINE; JOHN CLOUD; ‚WHEN BULLYING TURNS DEADLY: CAN IT BE STOPPED?” OCTOBER 24, 2010
http://www.time.com/time/magazine/article/0,9171,2024210,00.html
Most state laws differ on the precise motivations and consequences required for a harassing event to count as
bullying. If one 12-year-old boy taunts another, most state laws wouldn't call it bullying unless there is both
demonstrable harm--the victim is injured (at least psychologically)--and demonstrable intent. In other words, for a
bully to be a bully, he can't have just been any insensitive kid. He had to want to hurt his classmate.
NOTES:
20
21
22
SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE PRO

CYBERBULLYING INCREASING
BACKUS IN 2009
Another study, published by the National Center for Missing and Exploited Children, documented a fifty percent
increase in online harassment of children ages ten to seventeen over a span of five years, from 2000 to 2005.
NOTES:
23

ONE THIRD OF TEENS CYBERBULLIED
BACKUS IN 2009
Life Project found that approximately one third of teenage Internet users report that they have experienced a range
of online behaviors that might be considered cyberbullying, including receiving threatening messages, having private
messages forwarded to others without consent, having an embarrassing picture posted without permission, and
being the subject of rumors spread online.
NOTES:
24

20% OF KIDS; 90% OF GAY STUDENTS BULLIED.
NEWSWEEK 2010
JESSICA BENNET, NEWSWEEK MAGAZINE. OCTOBER 4, 2010. ‚FROM LOCKERS TO LOCK-UP.‛
http://www.newsweek.com/2010/10/04/phoebe-prince-should-bullying-be-a-crime.html
With 1 in 5 students bullied each year—and an appalling 9 in 10 gay and lesbian -students—that’s good news:
kids who are bullied are five times more likely to be depressed, and nearly 160,000 of them skip school each
day, fearful of their peers.
NOTES:
25

BULLIES BECOME CRIMINALS
NEWSWEEK 2010
Bullies themselves don’t fare well, either: one study, of middle-school boys, found that 60 percent of those
deemed "bullies" would be convicted of at least one crime by the time they reached 24.
NOTES:
 Make the argument that we can catch the future criminals now, or that we can intervene to stop them from coming
real criminals if we do something about it now.
26

43% OF TEENS HAVE BEEN CYBERBULLIED
NATIONAL CRIME PREVENTION COUNCIL IN 2009

PRESS RELEASE, NATIONAL CRIME PREVENTION COUNCIL. MAY 18, 2009. ‚CYBERBULLYING BACK IN THE HEADLINES.‛
http://vocuspr.vocus.com/VocusPR30/Newsroom/Query.aspx?
SiteName=NCPCNew&Entity=PRAsset&SF_PRAsset_PRAssetID_EQ=103685&XSL=PressRelease&Cache=
NCPC positioned itself in the forefront of this serious issue when it released its cyberbullying prevention campaign
in 2007. NCPC’s research showed more than 43 percent of teens reported being victims.
NOTES:
27

78% OF YOUTH CYBERBULLIED
COMMITTEE FOR CHILDREN IN 2010
COMMITTEE FOR CHILDREN PRESS RELEASE. NOVEMBER 16, 2010. DISTRIBUTED VIA PRNEWSWIRE.
http://news.yahoo.com/s/usnw/20101116/pl_usnw/DC02860
According to a recent independent study in California, 78 percent of the youth surveyed reported being cyber
bullied, but 90 percent of them said they never reported it.
NOTES:
28

90% OF STUDENTS HAVE HAD FEELINGS HURT ONLINE
ERB IN 2008
ARIZONA STATE LAW JOURNAL. SPRING 2008. TOOD ERB, EDITOR. ‚A CASE FOR STRENGTHENING SCHOOL DISTRICT
JURISDICTION TO PUNISH OFF-CAMPUS INCIDENTS OF CYBERBULLYING.‛
https://law.asu.edu/LinkClick.aspx?fileticket=fsKXtzndrRo%3D&tabid=1122
According to a 2007 study by the Federal Probation Juvenile Department, "90 percent of middleschool students
have had their feelings hurt online," while seventy-five percent had visited a web site that bashed another student.
NOTES:
29

CYBERBULLYING STATS BRIEFS
ADAMS IN 2010
CARALEE.
42% of kids have been bullied online-1 in 4 have had it happen more than once.
21% of kids have received mean or threatening e-mail or other messages.
58% have not told their parents about an online bullying incident.
14% have received mean or hurtful comments online.
13% have been the subject of rumors online.
7% have had someone impersonate them online.
8% report receiving a threatening cell phone text.
5% have had a mean or hurtful picture posted.
NOTES:
30
31

CYBERBULLYING ANECDOTES
ZANDE IN 2009
For example, Ryan Halligan, a seventh grader, was tormented online in the privacy of his own living room by
schoolmates who used instant messaging software to mock and ridicule him, causing him to take his own life.
Eighth grader Jeff Johnston also committed suicide after a group of hackers destroyed an online game that he had
invented and replaced it with a website full of malicious comments about him. Kylie Kenney was forced to change
schools after a group of classmates created a website entitled "Kill Kylie Incorporated." Those students also sent
her harassing emails and phone messages, and used instant messaging to spread rumors that she was a lesbian.
NOTES:
32

THREE MORE CYBERBULLYING ANECDOTES
WASHINGTON POST IN 2009
THE WASHINGTON POST (ASHLEY SURDIN) JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBER-
BULLYING.‛ PAGE A03
In California, a hateful Internet campaign followed sixth-grader Olivia Gardner through three schools. In Vermont, a
humiliated Ryan Halligan, 13, took his own life after being encouraged to do so by one of his middle-school
peers. And in perhaps the most notorious case, Lori Drew, 49, was recently convicted on misdemeanor charges
for posing as a teenage boy on MySpace to woo and then reject 13-year-old Megan Meier of Missouri, who
later hanged herself in her closet.
NOTES:
33
34

CYBERBULLYING LARGER THREAT THAN PREDATORS
BACKUS IN 2009
Still, the Harvard-directed study, which examined online threats to children at the behest of state Attorneys
General, concluded that the most frequent threat minors face, both online and offline, is not sexual predators or
harmful content, but rather bullying and harassment, most often by peers.
NOTES:
35

CYBERBULLYING MORE HARMFUL THAN TRADIONAL BULLYING
BACKUS IN 2009
The growing awareness of the magnitude of the cyberbullying problem is coupled with a mounting concern that
cyberbullying may be more harmful than traditional bullying. Even though the effects of cyberbullying have not yet
been widely studied, the similarities in content and intent suggest that cyberbullying likely has the same negative
effects as traditional bullying. Although it appears that adolescent cruelty may have simply relocated from the
traditional playground venue onto the Internet, the effects may be magnified both by the ease and speed of digital
communication and by the phenomenal reach of those communications.
NOTES:
 As usual, bold is best… skip the rest.
36

VICTIM: CYBERBULLYING WORSE THAN REGULAR
BACKUS IN 2009
As one victim of an insulting fake MySpace page put it:

‚When they put it on the internet, it’s like they took everything and multiplied it by an astronomical number...It’s
one thing if it’s a mean thing that somebody put in my school paper because that’s contained within a small area.
Only a certain number of people will see that. But when you put it on the Internet, you are opening it up to
everyone in the world.‛
NOTES:
 Ellipses are in the original evidence.
37

CYBERBULLYING’S UNIQUE CHARACTERISTICS MAKE IT WORSE
BACKUS IN 2009
One expert contends that the following characteristics of cyberbullying may intensify the harm beyond that of
traditional bullying:
 Online communications can be extremely vicious
 There is no escape for those who are being cyberbullied—victimization is ongoing, 24/7.
 Cyberbullying material can be distributed worldwide and is often irretrievable.
 Cyberbullies can be anonymous and can solicit the involvement of unknown ‚friends.‛
 Teens may be reluctant to tell adults what is happening online or through their cell phones because they are
emotionally traumatized, think it is their fault, fear greater retribution, or fear online activities or cell phone use
will be restricted.
In short, the unique, and generally appealing, characteristics of the Internet and digital communication—speed,
potential anonymity, wide distribution—compound the impact of cyberbullying and thus may intensify the harms.
NOTES:
 The original source didn’t have the bullet points, but no words have been added or omitted.
38

TRADITIONAL BULLYING TRANSITIONING TO CYBERBULLYING
PALFREY IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION JOHN PALFREY, PRO-
FESSOR OF LAW AT HARVARD UNIVERSITY, ‚SOLUTIONS BEYOND THE LAW‛
http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide
ACCESSED NOVEMBER 30, 2010
What we know from research is that the incidence of kids harming one another psychologically in ways that are
mediated by new technologies is going up over time. But those same data do not tell us that the overall
incidence of bullying is going up, nor that it is getting worse.
NOTES:
 If the amount of cyberbullying is increasing, but overall bullying isn’t, the laws of mathematics require that tradition-
al bullying is declining—and transitioning to cyberbullying.
 Combine with the evidence that says that we need to deter future bullies.
39

CYBERBULLYING MUCH WORSE: ANONYMITY
ZANDE IN 2009
Technology can also obstruct a victim's ability to trace the comments back to the bully. Thus, a cyberbully, unlike
a traditional bully, can use technology to hide behind anonymity and inspire additional fear. Cloaked by this
anonymity, the cyberbully is enabled to say harsher, more destructive things than a traditional bully due to his
physical removal from the situation.
NOTES:
40

CYBERBULLYING IS WORSE: UNINTENTIONALLY MEANER
ZANDE IN 2009
Since tone, inflection, and facial expression are lacking in online conversations, a cyberbully might not even be
aware of the harm he or she is unintentionally causing the victim.
NOTES:
41

CYBERBULLYING WORSE: IT’S THERE FOREVER
ZANDE IN 2009
Additionally, while traditional bullying involves multiple, separate acts between the players, one act of cyberbullying
can be spread over and over again to thousands of people, and cause far more damage. Degrading comments
posted online are accessible to people across the globe, including relatives, friends, and future employers, who
may mistake the cyberbullying comments as truth. While acts of traditional bullying are instantaneous, and can be
easily forgotten by observers over time, cyberbullying acts posted on the Internet spread rapidly and are left up for
a potentially infinite length of time, increasing the duration of the acts, and causing an extended period of
embarrassment and shame.
NOTES:
 The middle, non-bolded section also makes a good point.
42

CYBERBULLYING WORSE: NO SAFE HAVEN
ZANDE IN 2009
But, unlike the victims of traditional bullying, cyberbullying victims have no safe haven to run home to after school.
Because students are constantly accessible to each other via the Internet and cell phones, a cyberbully can reach
into the victim's own living room to torment him or her.
NOTES:
43

CYBERBULLYING WORSE: NO SUPERVISION
ZANDE IN 2009
Further, where a bully at school must operate under the watchful eyes of teachers, lunchroom monitors, and other
faculty, there is no one supervising his or her actions in cyberspace.
NOTES:
44

CYBERBULLYING WORSE: IT BREEDS MORE CYBERBULLYING
ZANDE IN 2009
Troublingly, research also suggests that bystanders to cyberbullying are more likely to become cyberbullies
themselves in the future, due to the lack of physical requirements associated with traditional bullies and anonymity
offered by the internet.
NOTES:
45

EFFECTS OF CYBERBULLYING WORSE
ZANDE IN 2009
Although cyberbullying attacks may sound insignificant to an outside observer, these acts can have permanent,
serious effects on victims that cannot, and should not, be ignored. These effects are often more devastating than
those experienced by victims of traditional bullying. In addition to feeling lonely, humiliated, and insecure, like
victims of traditional bullying, cyberbullying victims also experience heightened feelings of anger, frustration, and
depression. In some cases, these emotions can be so strong as to lead to suicidal ideations and even suicide
attempts. Victims also experience trouble concentrating, exhibit lower self-esteem, and demonstrate physical
symptoms, such as headaches and abdominal discomfort.
NOTES:
 The bold is just the better parts of the quote, not necessarily the parts to be read.
46

CYBERBULLYING IMPACTS LAST LONGER THAN REGULAR
GILLESPIE IN 2006
JOURNAL OF SOCIAL WELFARE AND FAMILY LAW; ALISDAIR GILLESPIE. ‚CYBERBULLYING AND HARASSMENT OF TEENAG-
ERS: THE LEGAL RESPONSE‛ VOLUME 28, ISSUE 2. 2006. ACCESSED VIA EBSCO.
http://www.informaworld.com/smpp/ftinterface~content=a769690926~fulltext=713240928~frm=content
Yet the harassment is real and, although there have been suggestions that the victimisation felt in cyber-space is
reduced compared to that experienced in more usual contexts, others argue that the damage caused by cyber-
abuse can sometimes last longer than that experienced through off-line abuse.
NOTES:
47
48

CYBERBULLYING CORRELATES TO SUICIDE
CYBERBULLYING RESEARCH CENTER, 2010

Sameer Hinduja, Ph.D. (Professor at Florida Atlantic University) & Justin W. Patchin, Ph.D. (Professor at University
of Wisconsin-Eau Claire). ‚Cyberbullying and Suicide Research Fact Sheet.‛ 2010
http://www.cyberbullying.us/cyberbullying_and_suicide_research_fact_sheet.pdf
Accessed: November 15, 2010
Cyberbullying victims were almost twice as likely to have attempted suicide compared to youth who had not
experienced cyberbullying.
NOTES:
 Your opponents might go for a uniqueness argument and say that this is true of bullying too. There’s evidence com-
ing later about how cyberbullying is worse than bullying when it comes to suicides, so there’s your A/T.
49

SUICIDE TRENDING UPWARD
CYBERBULLYING RESEARCH CENTER, 2010

Sameer Hinduja, Ph.D. (Professor at Florida Atlantic University) & Justin W. Patchin, Ph.D. (Professor at University of Wisconsin-Eau
Claire). ‚Cyberbullying and Suicide Research Fact Sheet.‛ 2010
http://www.cyberbullying.us/cyberbullying_and_suicide_research_fact_sheet.pdf
Accessed: November 15, 2010
Even though suicide rates have decreased 28.5 percent among young people in recent years, upward trends were
identified in the 10– to 19-year old age group.
NOTES:
 A/T Suicide not a problem.
50

CYBERBULLYING CAUSED FOUR SUICIDES IN FOUR WEEKS
TIME IN 2010
In the past four weeks, four teenagers killed themselves after being harassed by schoolmates. Technology is
quickly changing how kids bully one another. Here are some ways to stop the problem
NOTES:
 GO HERE
51
52

BULLYING HAS LONG TERM EFFECTS
BACKUS, 2009
In addition to experiencing physical and psychological problems contemporaneous to the bullying, such as anxiety,
depression, truancy, and a drop in grades, victims are also at an increased risk for a host of long-term effects,
including depression, low self-esteem, and mental health problems as adults. Repeated and severe bullying can
cause lifelong psychological trauma, and adults can struggle with the repercussions of childhood bullying in the
same way that survivors of child abuse do.
NOTES:
 Read the bold for the long-term impacts.
53

CYBERBULLYING AFFECTS SCHOOLWORK
ZANDE IN 2009
Furthermore, cyberbullying victims who know that the cyberbully is another student at school often fear and avoid
attending school in an effort to evade face to face contact with the bully. Victims may be in constant fear for their
safety at school and become preoccupied with both avoiding the perpetrator and ensuring that their surroundings
are safe.
All of these effects culminate in the victims' inability to form positive relationships with others and to function
normally in their academic and familial responsibilities. Stories shared by cyberbullying victims attest to the fact that
cyberbullying can decrease students' grades and performance in school. Even when the cyberbullying acts occur off
campus, in the privacy of the perpetrator and victim's respective homes, it can have long-lasting and destructive
effects on the victim inside the school.
NOTES:
 Read the bold.
54

CYBERBULLYING CONSIDERED FELONY, = TO MAJOR CRIMES
SOURCE PREVIEW
NEWSPAPER IN EDUCATION; E-EDITION PLUS. EMILIA PASTINA. ‚COMMUNITIES CRACKING DOWN ON
CYBER-BULLIES ACROSS U.S.‛ SEPTEMBER 18, 2010
http://www.nieonline.com/downloads/eplus/ePLUS_03.pdf
In July, the Chicago Board of Education passed a new Student Code of Conduct stating that cyber-bullying will be
considered as serious an offense under school policy as burglary, aggravated assault, gang activity, drug use and
other crimes. In Virginia, students who make written threats, including those sent by text messaging, e-mail, instant
message and the Internet, will face Class 6 felony charges.
NOTES:
 Publication date was acquired by stripping the “/eplus_03.pdf” from the URL and finding it in the subsequent parent
directory.
55

BULLYING = DEPRESSION AND SKIPPING SCHOOL
NEWSWEEK 2010
… Kids who are bullied are five times more likely to be depressed, and nearly 160,000 of them skip
school each day, fearful of their peers.
NOTES:
56

CYBERBULLYING INCREASES BULLYING DEMOGRAPHIC
ADAMS IN 2010
CARALEE.
"It emboldens some kids to bully who wouldn't otherwise, because they can hide behind a computer screen," says
Patchin. Most disturbing is the lasting impact of cyberbullying. Once something goes viral, the harassment is
continuous because it is shared, repeated, and nearly impossible to erase.
NOTES:
57

CYBERBULLYING LEADS TO SCHOOL VIOLENCE
HINDUJA AND PATCHIN IN 2007
JOURNAL OF SCHOOL VIOLENCE; SAMEER HINDUJA AND JUST PATCHIN, CRIMINOLOGISTS AND CYBERBULLYING EXPERTS;
‚OFFLINE CONSEQUENCES OF ONLINE VICTIMIZATION: SCHOOL VIOLENCE AND DELINQUENCY‛ VOLUME 6 ISSUE 3 2007
http://www.informaworld.com/openurl?genre=article&id=doi:10.1300/J202v06n03_06
It is possible that peer victimization online may also lead to violent incidents at school and in the community if
victims feel that their only means of recourse involves responding with extreme violence.
NOTES:
58

CYBERBULLYING = DELINQUENCY AND VIOLENCE
HINDUJA AND PATCHIN IN 2007

JOURNAL OF SCHOOL VIOLENCE; SAMEER HINDUJA AND JUST PATCHIN, CRIMINOLOGISTS AND CYBERBULLYING EXPERTS;
‚OFFLINE CONSEQUENCES OF ONLINE VICTIMIZATION: SCHOOL VIOLENCE AND DELINQUENCY‛ VOLUME 6 ISSUE 3 2007
http://www.informaworld.com/openurl?genre=article&id=doi:10.1300/J202v06n03_06
However, results from the present research suggest that victims of cyberbullying may be at risk for other negative
developmental and behavioral consequences–including school violence and delinquency.
NOTES:
59

CYBERBULLYING WILL CONTINUE
GILLESPIE IN 2006
Research has demonstrated that the bullying and harassment of adolescents can be a real problem, with children’s
charity NCH reporting that 14% of 11- to 19-year-olds had been threatened or harassed using the short
message service (SMS) on mobile telephones (NCH, 2005, p. 2) and O’Connell finding that 20% of children
aged 9–16 had been harassed within an on-line chat-room (p.4). The growth in the use of such technology,
especially amongst adolescents, means that it is likely that this abuse will continue.
NOTES:
60

3.2 MILLION YOUTH BULLIED, CYBERBULLYING WORSE.
AMERICA THE MAGAZINE IN 2010

EDITORIAL, AMERICA THE MAGAZINE, NOVEMBER 8, 2010; ‚BULLYING A DEADLY SIN‛
http://www.americamagazine.org/content/article.cfm?article_id=12541
In fact, more than 3.2 million young people are victims of bullying each year, and one study shows that victims
of cyber-bullying have higher rates of depression than those bullied in other ways.
NOTES:
61
62

FEW STATES GIVE SCHOOLS CYBERBULLYING JURISDICTION
ZANDE IN 2009
While most states have adopted anti-bullying statutes, only a few of those clearly give schools jurisdiction to act in
cyberbullying situations.
NOTES:
 Depending on your aff strategy, this can be an “A/T Schools are Bad Enforcers” or it can be a problem with the status
quo
63
64

SCHOOLS HAVE RIGHT TO INTERFERE WITH OFF-CAMPUS
ZANDE IN 2009
However, neither Tinker nor the First Amendment requires schools to wait until actual disruption occurs within the
school. Instead, administrators have a duty to prevent any such disruption from taking place. In order to
constitutionally curtail speech by forecasting disruption, the Tinker Court examined whether the school could point to
specific facts which made it reasonable to believe that material and substantial disruption could occur on campus.
NOTES:
65

SCHOOLS HAVE RIGHT TO CURTAIL STUDENT SPEECH
ZANDE IN 2009
In sum, these cases, and others interpreting Tinker, give schools fairly wide latitude to curtail student speech under
the First Amendment.
NOTES:
66

CYBERBULLYING A SCHOOL SAFETY ISSUE
ADAMS IN 2010
CARALEE.
School is the center of kids' lives. Online harassment may take place on nights and at home, but the fallout is
often seen at school and can interfere with the educational environment. In the worst case, students are so
worried about cyberbullying that they can't focus on their studies or are afraid to come to school. It has become a
school climate and safety issue.
NOTES:
67

TIME IN 2010
Social scientists have found that programs that build from within schools and work with both victims and bullies
have more success than programs that ridicule bullies from the outside.
NOTES:
 Use the card saying schools will implement the laws.
68
69

SCHOOLS CENSOR OFF-CAMPUS SPEECH
BACKUS IN 2009
It appears, however, that schools perceive that they have wide ranging authority to discipline such behavior and
are actively doing so. Although the reported cases are few, there is evidence of a rising tide of censorship of
student Internet speech by schools. Nadine Strossen, who served as president of the ACLU for nearly two
decades, has called attention to schools "suspending and expelling students just for creating their own Web sites
on their own home computers on their own time."
NOTES:
70

SCHOOLS OVERREACT AND SUPPRESS SPEECH
BACKUS IN 2009
...Schools increasingly react, and by some measures overreact, to student Internet speech they find
objectionable. As one commentator noted, "many of the reported cases reflect the schools' rash decisions. School
officials punished students without even analyzing whether the web sites actually disrupted the school
environment." For instance, students have been disciplined for creating fairly ridiculous, innocuous Web sites, like
the Texas middle school student who was suspended for setting up a Web site called C.H.O.W., for Chihuahua
Haters of the World.
NOTES:
 In order to successfully run this, you’re going to need a link that they’re doing what the evidence describes as a reac-
tion to cyberbullying/the lack of a cyberbullying law. That’ card is labeled as a link card under the OFFENSE ON
CRIMINALIZATION Section.
71

SCHOOLS SHOULD HAVE NO JURISDICTION
BACKUS IN 2009
As one court put it before the advent of the Internet:
In this court's judgment, it makes little sense to extend the influence of school administration to off-campus activity
under the theory that such activity might interfere with the function of education. School officials may not judge a
student's behavior while he is in his home with his family nor does it seem to this court that they should have
jurisdiction over his acts on a public street corner. A student is subject to the same criminal laws and owes the
same civil duties as other citizens, and his status as a student should not alter his obligations to others during his
private life away from the campus.
NOTES:
 ...But they do have jurisdiction in the SQ.
72

SCHOOL PROGRAMS MAKE PROBLEM WORSE
KALMAN IN 2010
IZZY KALMAN, PSYCHOLOGY TODAY, APRIL 18, 2010. ‚A PSYCHOLOGICAL SOLUTION TO BULLYING.‛
http://www.psychologytoday.com/blog/psychological-solution-bullying/201004/in-defense-south-hadley-high-school
In the December 2004 issue of the School Psychology Review, psychologist David Smith published a
metanalysis of the research on whole school anti-bullying programs–the approach developed by Prof.
Dan Olweus, the "father" of the anti-bullying psychology, and adopted by Coloroso. Prof. Smith found that
86% of the published studies showed the anti-bullying program had no benefit or made the problem
even worse. Only 14% of the published studies showed that the anti-bullying program produced a
minor reduction in bullying. Not one study showed a major reduction in bullying.
NOTES:
 READ THE BOLD.
 “More recent metanalyses have corroborated Smith's findings: these programs don't even come close
to eradicating bullying. “
73

SCHOOL ENFORCEMENT FAILS BECAUSE THEY CAN’T USURP PARENTS
SCHWARTZ IN 2009
WASHINGTON UNIVERSITY LAW REVIEW; ‚CRIMINAL LIABILITY FOR INTERNET CULPRITS: THE NEED FOR UPDATED STATE
LAWS COVERING THE FULL SPECTRUM OF CYBER VICTIMIZATION.‛ VOLUME 87, ISSUE 407, KATE SCHWARTZ
Finally, in the young adult context, it is important to recognize that schools are not fully capable of dealing with
students who perpetrate internet abuse. In her article, Renee Servance notes some people's belief "that there is a
strict line between on-and off-campus speech that removes school authority, with the underlying policy that schools
have no right to usurp the role of parents." Students that victimize others online, outside of school, are arguably
beyond schools' authority. Contrary to the limited authority that schools hold, criminal liability gives courts the right
to go beyond parents and impose punishments when such is a necessary means of carrying out justice.
Furthermore, while in-school education about cyberbullying would certainly aid in prevention, "there is simply no
substitute for parental oversight and mentoring," something which often goes overlooked by parents who are
"unaccustomed to, or uncomfortable with modern computing or communication devices." If state statutes were to
hold minors responsible for paying fines in the event that they intentionally cause harm to another individual over
the internet, parents would be forced to take notice of their children's behavior and, most likely, would quickly
become involved in monitoring and advising their children's online activities.
NOTES:
74

SCHOOLS FAIL TO STOP BULLYING
TIME IN 2010
O'Brien says Clementi didn't get far. "Many students have told the administration here that they feel unsafe, and they
have gotten no movement on their claims," says O'Brien. Rutgers has said that all of Clementi's complaints were taken
seriously and that it's unclear what, exactly, Clementi reported to his RA. But the Prince and Clementi cases both raise
a larger question: Why can't we recognize warning signs in bullying cases and stop it before the victim makes an
irrevocable decision?
NOTES:
 Look out for the turn on school implementation
75
76

STATUS QUO FAILS: INDIANA LAW CAN’T ADDRESS CYBER-CRIME
GOODNO IN 2007
NAOMI GOODNO, ASSISTANT PROFESSOR OF LAW, PEPPERDINE UNIVERSITY SCHOOL OF LAW. MISSOURI LAW REVIEW,
WINTER 2007. ‚CYBERSTALKING, A NEW CRIME: EVALUATING THE EFFECTIVENESS OF CURRENT STATE AND FEDERAL
LAWS‛
ACCESSED VIA LEXUS NEXUS, NOVEMBER 29, 2010
For example, to file a Petition for Order of Protection in Indiana, the victim must know (1) the correct name of
the cyberstalker, (2) either their date or birth or their social security number, and (3) a correct, current
address... The anonymity of the Internet may make it difficult under such a statute to procure all this detailed
information; thus, a cyberstalking victim may be unable to receive any official protection from the stalking.
NOTES:
 The ellipses contained the following link to the Indiana statute in question: (http://www.in.gov/judiciary/
forms/po/po/po-0102.doc ).
 If they attack this by going after a distinction between ‚cyberbullying‛ and ‚cyberstalking,‛ you should be
prepared with the definitions of stalking and harassment from the above link… they mostly match the defini-
tion of bullying (repeated, intimidating behavior.)
77

EXISTING STALKING AND HARASSMENT LAWS DON’T COVER
BRENNER IN 2010
FIRST AMENDMENT LAW REVIEW; SUSAN BRENNER, PROFESSOR OF LAW AT UNIVERSITY OF DAYTON, JANUARY 2010.
‚KIDDIE CRIME? THE UTILITY OF CRIMINAL LAW IN CONTROLLING CYBERBULLYING.‛
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1537873
Indirect cyberbullying raises a different and much more difficult issue: the imposition of criminal liability for the
general publication of non-defamatory gossip. Celebrities have on occasion sought to use stalking or harassment
laws against their paparazzi, but hose efforts have been predicated on the trespasses and assaults paparazzi often
use to obtain photographs of celebrity targets.162 Trespasses and physical encounters provide the victim-targeted
conduct that is missing in indirect cyberbullying, and therefore makes the use of stalking and harassment
reasonable in the celebrity paparazzi context. Indirect cyberbullies do not engage in such conduct, which makes the
applicability of current stalking and harassment laws problematic in this context.
NOTES:
78

A/T CYBERBULLYING IS A HARASSMENT CHARGE
AUERBAC IN 2009
CARDOZO LAW REVIEW, MARCH 2009. SHIRA AUERBAC. ‚SCREENING OUT CYBERBULLIES: REMEDIES FOR VICTIMS ON
THE INTERNET PLAYGROUND.‛
http://www.cardozolawreview.com/content/30-4/AUERBACH.30-4.pdf
The language of New York's aggravated assault law indicates that, while electronic communication is well within the
law's scope, the harasser must initiate communication. Thus, while instances of cyberbullying involving offensive
emails or instant messages may arguably fall within the reach of the statute, a victim might have difficulty arguing
that the posting of an insulting website or blog constitutes initiation of communication, since the victim is in control
of whether he accesses the website or not.
NOTES:
 This means we need a new law to protect against cyberbullying on blogs and such.
79

EXISTING REMEDIES INADEQUATE
SCHWARTZ IN 2009
In the absence of cyberbullying laws, victims can resort only to tort law and certain criminal laws aimed at related
offenses, such as harassment or cyberstalking. However, these legal remedies are not designed to address the
problem of cyberbullying. As a result, they may be insufficient to deter cyberbullies or to protect and compensate
their victims. While such laws provide a creative backdoor approach to reaching cyberbullies, they fail to provide a
direct means of thwarting cyberbullying.
NOTES:
80

CIVIL LITIGATION WILL FAIL TO STOP CYBERBULLYING
SCHWARTZ IN 2009
Traditional tort law provides one possible cause of action for cyberbullying victims: defamation. However, it may be
difficult for cyberbullying victims to prevail. For example, most cyberbullying would logically fit the definition of
defamatory material because it "harms the reputation of another by making a false statement to a third
person." However, to succeed on a defamation claim, a plaintiff must prove that the statement (a) was false, and
(b) caused material damage to her reputation - high hurdles to clear. Cyberbullying content often includes
opinions, taunts, or sexual innuendo that, while harmful, may be difficult to refute factually. Also, in the case of
many youthful victims of cyberbullying, proving reputational damage is problematic because they have not yet
developed professional reputations in the community.
NOTES:
81

CIVIL DEFAMATION IS INADEQUATE, BUT POLICE AREN’T PUNISHING
BARNETT IN 2009
QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PRO-
POSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT
Professor Calvert has highlighted the problem with the current state of the law: … civil defamation provides an
inadequate remedy, and cyberbullying often involves off-campus expression that police will not punish.
NOTES:
 This means we need a criminal law… Civil is failing and no criminal exists in the status quo.
82

CYBERBULLYING CANT BE PUNISHED UNDER STATUS QUO
BARNETT IN 2009
Unless an actual crime has taken place, law enforcement officials often are unable to arrest anyone, even if they
can identify the culprit. According to Lt. John Otero, commanding officer of the computer crime squad for the New
York City Police Department, individuals would actually have to post a direct threat in order for the police to act.
"For example, if they say, "tomorrow I am going to hurt, kill, or injure an individual,' that would constitute a
crime," he explains.
NOTES:
 GO HERE
83

A/T CIVIL LITIGATION
BARETT IN 2010
Civil defamation also provides an inadequate remedy. The cost of litigating civil defamation actions would be
prohibitive, and the defendants - eighth grade students in Professor Calvert's example - would likely be judgment
proof. Moreover, "judicial interpretation of Internet legislation has skewed the traditional common law of defamation,
making it extremely difficult for parents to address the growing problem of Internet defamation and
cyberbullying." Given these constraints, one would expect defamation actions to be pursued rarely, if ever; the
threat of such action would do little to deter students from engaging in slanderous and libelous online behavior.
NOTES:
 GO HERE
84
85

61% BELIEVE BULLYING SHOULD BE MADE A CRIME
SUFFOLK UNIVERSITY 2010

BOSTON HERALD; MARCH 2, 2010. HILLARY CHABOT. ‚POLL: BAY STATERS SUPPORT MAKING BULLYING CRIMINAL.‛
http://www.bostonherald.com/news/regional/view/20100302poll_bay_staters_support_making_bullying_criminal/
srvc=home&position=4 ACCESSED NOVEMBER 29, 2010
Bay State voters want to throw the book at heartless school bullies, making them subject to prosecution and many
even want parents of perpetrators to pay, a new survey shows.
Some 61 percent of voters in the Suffolk University-7News poll support making bullying a crime after two
shocking teen suicides allegedly triggered by bullies.
NOTES:
 A good argument to go along with this one is a crime theory argument that crime evolves from behaviors that the
community deems should be punished. Crime should be responsive to the community’s wishes.
86

CRIME = COMMUNITY TAKES A SHARED VIEW ON AS WRONG
DUFF AND MARSHALL, 1998

CANADIAN JOURNAL OF LAW AND JURISPRUDENCE. ‚CRIMINALIZATION AND SHARING WRONGS.‛ 1998. S.E. MARSHALL
AND R.A. DUFF. VOLUME 11, ISSUE 13.
http://heinonline.org/HOL/Page?handle=hein.journals/caljp11&div=6&g_sent=1&collection=journals
NOTES:
 Read “But to believe….over its members.” Prove that crime is what a community’s members believe crime should
be, then use the poll to show cyberbullying should be a crime.
87

JUSTIFIED TO INTERVENE IN THE INTERNET
GILLESPIE IN 2006
It has been suggested that people have a ‘right’ to the peaceful use of cyber-space (O’Connell et al., 2004, p.
10). If that is accepted, then the law may need to intervene to assist victims of cyber-bullying. Greenleaf notes
that, traditionally, the internet has resisted attempts at regulation, preferring a more liberal approach to its
governance (1998, pp. 594–597). However, it is now widely accepted that the law does have a role to play in
the regulation of cyber-space.
NOTES:
88
89

LAWS INCENTIVIZE ACTION
TRESTAN IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION ‚WE NEED TO CHANGE
THE CULTURE‛ ROBERT TRESTAN, CIVIL RIGHTS COUNSEL FOR THE ANTI-DEFAMATION LEAGUE.
Laws are necessary because they provide the impetus and incentive for people to act.
NOTES:
90

45 STATES HAVE ANTI-BULLYING LAWS
NEWSWEEK IN 2010
Forty-five states now have anti-bullying laws; in Massachusetts, which has one of the strictest, anti-bullying
programs are mandated in schools, and criminal punishment is outlined in the text for even the youngest offenders.
NOTES:
 Combine this card with the cards about bullying transitioning to cyber-bullying and the fact that laws need updated.
91

PROSECUTION SENDS MESSAGE, VINDICATION OF LOSS
YEUNG IN 2010
BERNICE YEUNG, THE CRIME REPORT, ‚GOING AFTER THE CYBERBULLY.‛ NOVEMBER 21, 2010.
http://thecrimereport.org/2010/11/21/going-after-the-cyberbully/
But [UC Berkley School of Law Professor Franklin] Zimring says he understands why district attorneys choose
what is perhaps a difficult legal path. ‚It’s great publicity for the prosecutor and it ‘sends a message,’‛ he
acknowledges. ‚And it is a symbolic vindication of the victim and of the family’s loss.‛
NOTES:
92

LEGISLATIVE EFFORTS SHOULD BE APPLAUDED

PRESS RELEASE, NATIONAL CRIME PREVENTION COUNCIL. MAY 18, 2009. ‚CYBERBULLYING BACK IN THE HEADLINES.‛
http://vocuspr.vocus.com/VocusPR30/Newsroom/Query.aspx?
SiteName=NCPCNew&Entity=PRAsset&SF_PRAsset_PRAssetID_EQ=103685&XSL=PressRelease&Cache=
NCPC applauds the states pursuing legislation on the cyberbullying issue. The agency believes bullying is not a
rite of passage but a pathway leading to long-lasting and potentially devastating consequences.
NOTES:
93

THERE ARE EQUIVALENT ADULT CRIMES
GRANT IN 2006
PITTSBURGH POST-GAZETTE. TIM GRANT. JUNE 27, 2006. ‚ORIE: MAKE CYBER BULLYING A CRIME IN STATE‛
http://www.post-gazette.com/pg/06178/701401-51.stm
ACCESSED: NOVEMBER 30,2010
Jayne Hitchcock, a cyber crime expert in York, Maine, said 45 states have upgraded their laws to deal with cyber
bullying.
"Honestly, it's harassment and stalking," Ms. Hitchcock said. "But for kids and teens, we call it bullying. But it's
basically the same thing."
NOTES:
 If harassment and stalking are crimes, why shouldn’t bullying be?
94

EXAMPLE OF HOW CRIMINALIZING SOLVES (LONG)
SCHWARTZ IN 2009
First, in the peer-to-peer context, minors could be held liable for victimizing fellow minors online. Take, for
example, a particular past situation involving seniors in high school "that posted the sexual history, names, and
addresses of their fellow female students on a website [and] were initially charged with second-degree harassment,
which carries a sentence of up to one year in jail and a $1,000 fine." n154 In that case, the charges were
soon after dropped because the "District Attorney announced that, although the material on the web site was
"offensive and abhorrent,' it did not meet the legal definition of harassment." n155 Under the scheme proposed in
this Note, the students could have been liable for cyberbullying if they acted with the requisite intent, because a
jury would likely find that a reasonable woman would feel humiliated if such information was posted on the internet
without her permission or initial knowledge. Likewise, a jury would probably find that the perpetrators should have
reasonably expected the victimized women to suffer emotional distress when they learned what was posted about
them.
NOTES:
95

NO LEGAL RESPONSE FORCES EXTRALEGAL VIGILANTE RESPONSE
GROSSMAN 2008
ANDREW M. GROSSMAN IS SENIOR LEGAL POLICY ANALYST IN THE CENTER FOR LEGAL AND JUDICIAL STUDIES AT THE
HERITAGE FOUNDATION. SEPTEMBER 17, 2008; THE MYSPACE SUICIDE: A CASE STUDY IN OVERCRIMINALIZATION
http://www.heritage.org/Research/Reports/2008/09/The-MySpace-Suicide-A-Case-Study-in-Overcriminalization
The county prosecutor, Jack Banas, also reviewed the case and declined to press charges…
The result was outrage, both online and off….
Vigilantism also took root in online communities and spilled over into the physical world. Critics posted the Drews'
home address and phone numbers on message boards, as well as a satellite photograph of their home. Some
discussed planning attacks on the Drews. Their home was repeatedly vandalized, and they received hundreds of
angry, sometimes threatening phone calls. Drew was forced to close her coupon book business after clients were
inundated with e-mails and calls from across the country. Due to the publicity and bullying, Drew's daughter
dropped out of school.
NOTES:
 Tell a story here:
 Prosecutors don’t prosecute
 Community Outrage
 Community Vengeance
 Vigilantism
 Who do you want enforcing “the law?” Law enforcement professionals or outraged citizens?
 This can even connect to the cards stating that crime should reflect what the people think crime should be and the
poll going along with that.
96

BETTER TO CRIMINALIZE THAN TO MISUSE EXISTING LAWS
GOLDEN IN 2008
ANDREW GOLDEN, MARQUETTE UNIVERSITY LAW SCHOOL FACULTY BLOG; NOVEMBER 11 2008 ‚IF THE DREW FITS,
CHARGE IT?‛
HTTP://LAW.MARQUETTE.EDU/FACULTYBLOG/2008/11/11/IF-THE-DREW-FITS-CHARGE-IT/
The way to keep Megan Meier from having died in vain isn’t to prosecute her offender under anything you can
think of, but rather to close the loopholes by passing legislation criminalizing cyberbullying, which Missouri did this
past July.
NOTES:
 Nice A/T “Can be prosecuted under existing laws”
97

FEDERAL LAW REQUIRED TO SHORE UP JURISDICTIONAL CHALLENGES
HENDERSON IN 2010
MISSOURI LAW REVIEW. SPRING, 2009. ‚NOTE: HIGH-TECH WORDS DO HURT: A MODERN MAKEOVER EXPANDS MIS-
SOURI'S HARASSMENT LAW TO INCLUDE ELECTRONIC COMMUNICATIONS‛ ANDREW HENDERSON.
Beyond the need for a law that punishes cyberbullies for the emotional harm they cause, a federal law is
necessary to prevent jurisdictional challenges that hinder prosecution. Because the Internet crosses state lines and
international borders, jurisdictional problems are bound to arise. Therefore, in some cases, no single state could
prosecute an interstate message. For instance, imagine if a cyberbully were in a state that does not criminalize
cyberbullying but sends a message to a child in Missouri, a state that does criminalize cyberbullying. This would
create a conflict as to whether the laws of the sender's state or the victim's state apply. Without a uniform federal
law on the issue, state officials are burdened with the task of prosecuting cyberbullying cases "because it may
require collecting evidence from many jurisdictions."
NOTES:
98
99

LINK CARD: LACK OF CYBERBULLYING LAW LEADS TO CENSORSHIP
BACKUS IN 2009
In the face of disarray in the courts, school administrators on the front lines are understandably frustrated and
confused about their legal authority to sanction student expression on the Internet … Educators often claim that
they are in a legal no man's land when it comes to disciplining students' off-campus speech … Schools are
responding to the problem of inappropriate student digital speech with disciplinary measures whether or not they
have legal jurisdiction to do so.
NOTES:
 The argument you make with these cards is this:
 Lack of cyberbullying legislation creates a legal gray area (this card.)
 Schools step in to fill that gray area (this card.)
 When schools step in, they overreact and censor legitimate speech (cards in SCHOOLS BAD section.)
100

LINK: LACK OF LEGAL CLARITY LEADS TO SCHOOL OVERREACH
BACKUS IN 2009
Even the courts have acknowledged that educators are bound to be uncertain about the limits of their authority. As
one federal district court put it: "If courts and legal scholars cannot discern the contours of First Amendment
protections for student internet speech, then it is certainly unreasonable to expect school administrators . . . to
predict where the line between on- and off-campus speech will be drawn in this new digital era."
NOTES:
101

LINK: LACK OF LEGAL CLARITY = SCHOOL INACTION OR OVERREACH
BARNETT IN 2009
ACCESSED VIA LEXUS NEXUS
The explosion of interest in social-networking sites - that make it far easier for non-technically inclined teens to
disseminate material that is causing emotional harm to other students - is creating many difficulties for schools as
it relates to school climate and the well-being of students. A big problem is that school officials do not understand
the technologies or what they can and [cannot] do legally in terms of regulating student online speech. So we are
seeing inaction and overreaction
NOTES:
102
103

CRIMINAL SOLUTION BETTER THAN SCHOOLS
BACKUS IN 2009
It is perfectly appropriate, and perhaps preferable, for schools to abdicate to the criminal justice system when
extremely harmful online speech violates criminal laws. The most egregious kinds of bullying, both online and off,
enjoy no First Amendment protection and thus, individuals can be subject to arrest and prosecution or to civil suit
for damages. Threatening violence to people or their property, coercion, obscene or harassing phone calls or text
messaging, stalking or harassment, sending sexually explicit photos of a teen, or taking a photo of someone where
privacy is expected, are all acts that may run afoul of the legal system. "The bottom line is that
sufficient remedies and redress in the civil, criminal, and juvenile justice systems already exist for off-campus
expression that causes harm."
NOTES:
104

CYBERBULLYING CIRCUMVENTS BULLYING PREVENTION METHODS
JOURNAL OF SCHOOL LIBRARIES IN CANADA, 2006

JOURNAL OF SCHOOL LIBRARIES IN CANADA. VOLUME 25 ISSUE 4, 2006. ‚CYBERBULLYING: UNDERSTANDING AND
PREVENTING ONLINE HARASSMENT AND BULLYING‛ MEDIA AWARENESS NETWORK
http://www.cla.ca/casl/slic/254cyberbullying.html
First, technology doesn‟t give kids visible feedback about the consequences of their actions. One of the most
effective ways to end bullying behaviour is to get bullies to feel empathy for their victims. But
online, even when kids know their actions are hurtful, they can easily convince themselves they
haven’t hurt anyone. As one elementary school student in Toronto put it, “I don‟t think a lot of people would
have enough confidence to walk up to someone and be like, „I hate you, you're ugly.‟ But over the Internet...you
don‟t have to look in their eyes and see they‟re hurt”
NOTES:
105
106

LAWS NEED UPDATED TO INCLUDE CYBER-CRIMES
LEVENSON IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION LAURIE LEVENSON,
PROFESSOR OF LAW AT LOYOLA LAW SCHOOL. ‚WHAT ISN’T KNOWN ABOUT SUICIDES‛
Cyberbullying is growing and our legal system does not seem ready for it. … prosecutors are often left to
shoehorn this new wave of behavior into laws created long before there was an Internet.
The government is left to use statutes that don’t quite fit, like false statements to Internet service providers or
invasion of privacy or civil rights violations. All of these are weak substitutes for crimes that really involve
psychological warfare.
NOTES:
107

THE LAW MUST EVOLVE WITH THE TIMES
GELB IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION (IN WHICH EXPERTS
DEBATE AN ISSUE.) DANIEL GELB, FORMER PROSECUTOR, ‚PRIVACY INVASIONS LAST FOREVER.‛
The law must evolve to address how our society communicates, promoting proper conduct, and deterring future
bullying with a legal means to punish those who cause harm.
NOTES:
 You can take the “deterring future bullying” thing and run with it for a while, combine it with the card that argues
that bullying is transitioning from traditional to cyber-bullying, and use this card to say we need to deter future
crimes now.
108

LAW IS INADEQUATE
ZANDE IN 2009
The law has failed to keep pace with today's technology, and is currently inadequate to protect victims of
cyberbullying. Until a nationwide cyberbullying regime is implemented, courts need to give schools the authority to
constitutionally intervene in cyberbullying incidents and punish perpetrators, even when such acts occur off campus
in the living rooms of the students.
NOTES:
 This is a good card to use with the school censorship.
109

BULLYING REGULATED, CYBERBULLYING IS NOT.
ZANDE IN 2009
However, unlike incidents of traditional bullying, cyberbullying remains essentially unregulated in most states.
NOTES:
110

TECHNOLOGY HAS JUST GOTTEN AHEAD OF LAWS
GRANT IN 2006
High technology has gotten ahead of state law when it comes to Internet abuse involving children hassling other
children, and one state senator hopes to do something about it.
NOTES:
111

TECH OF BULLYING HAS ADVANCED PAST PREVENTION
TIME IN 2010
The trouble is, the technology of bullying has advanced much faster than efforts to stop it ever could.
NOTES:
112
113
114
SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. CON

HOUSE RESOLUTION 1966: MEGAN MEIER LAW

HOUSE RESOLUTION 1966—THE MEGAN MEIER CYBERBULLYING PREVENTION ACT. APRIL 2, 2009. SPONSORED BY REP.
LINDA SANCHEZ, (D-CALI). 111TH CONGRESS, 1ST SESSION.
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1966:
Whoever transmits ... any communication, with the intent to coerce, intimidate, harass, or cause substantial
emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior,
`(1) the term `communication' means the electronic transmission, between or among points specified by the user,
of information of the user's choosing, without change in the form or content of the information as sent and
received; and
`(2) the term `electronic means' means any equipment dependent on electrical power to access an information
service, including email, instant messaging, blogs, websites, telephones, and text messages.'.
NOTES:
 Read the bolded portion of the evidence; the rest of it is for clarification if needed.
 The ellipses contained the phrase “in interstate or foreign commerce.” It was in the original bill to give Congress
justification to deal with it under the interstate commerce clause, but isn’t necessary for a general description of
cyberbullying.
115

CYBERBULLYING DEFINITION: ONLY BETWEEN TWO MINORS
ZANDE IN 2009
Traditional bullying is used to describe incidents occurring between school-age children. The law has developed
other terms, such as harassment, abuse, or assault, to describe acts occurring between two adults, or an adult
and child. Following that trend, especially given the similarities between cyberbullying and traditional bullying, it is
logical to limit the definition of cyberbullying to the acts of school-age children.
NOTES:
116
117

A/T CYBERBULLYING IS A CRIME IN IDAHO
IDAHO IN 2010
IDAHO FOURTH DISTRICT COURT. ‚TRAFFIC CASE PROCESS‛ LAST UPDATED: NOVEMBER 29, 2010
http://www2.state.id.us/fourthjudicial/FOURTH%20DISTRICT/TrafficCaseProcess.html
An infraction is not a crime but is a civil public offense for which there is a maximum penalty of $100.00 and
for which there can be no jail time imposed.
NOTES:
The Idaho code states that bullying is an infraction.
118

MEGAN MEIER CASE WAS NOT CYBERBULLYING
GORDON IN 2009
NORTH CAROLINA JOURNAL OF LAW AND TECHNOLOGY, ONLINE EDIGTION. MICHAEL GORDON. ‚THE BEST INTENTIONS:
A CONSTITUTIONAL ANALYSIS OF NORTH CAROLINA’S NEW ANTI-CYBERBULLYING STATUTE.‛
http://jolt.unc.edu/sites/default/files/Gordon.pdf
The American public became aware of cyberbullying due to an incident in Missouri involving
an adult, Lori Drew, who pretended to be a male peer of a middle school student, Megan
Meier. N Drew's false identity pursued a relationship with Meier, then abruptly broke off the
relationship, stating that "the world would be a better place without" her. That same day, Meier
committed suicide. The local community and the nation as a whole was angered that Drew's
behavior was not criminal. Interestingly, despite the fact that this case is constantly cited as a
prime example of cyberbullying, Drew's behavior does not qualify as cyberbullying under
most definitions because the person bullying was an adult.
NOTES:
119

A/T 1ST AMENDMENT DOESN’T PROTECT ANONYMOUS SPEECH
SUPREME COURT IN 1995

DECISION, MCINTYRE V. OHIO ELECTIONS COMMISSION. 1995
http://www.law.cornell.edu/supct/html/93-986.ZO.html
Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights,
and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an
intolerant society?"
NOTES:
120

REASONABLE THAT LEVEL OF HARM DETERMINES PUNISHMENT
PATCHIN IN 2010
THE NEW YORK TIMES ROOM FOR DEBATE EDITORIAL SECTION. JUSTIN PATCHIN, PROFESSOR OF CRIMINAL JUSTICE AND
CYBERBULLYING SPECIALIST. ‚NOT EVERY TRAGEDY SHOULD LEAD TO PRISON‛ OCTOBER 20, 2010
http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/
It perhaps is not surprising that those incidents that result in significant harm to the target, such as a suicide, are
handled more seriously by the criminal justice system. But to some extent this is true in other areas of criminal
law. If I drive home from a party after having a few too many drinks, maybe I make it home without being
caught. Or maybe I get pulled over and arrested for drunk driving. Or, maybe I swerve onto the shoulder and hit
a pedestrian. In all cases I was engaged in the same illegal behavior. But the harm that results will, in some
cases, become an important determinant of the appropriate punishment.
NOTES:

121

IMPOSSIBLE TO HOLD BULLY RESPONSIBLE FOR SUICIDE
LEVENSON IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION. LAURIE LEVENSON,
It is really hard to hold someone responsible for another person’s suicide. The law assumes that each individual,
including a victim, acts with free will. Thus, while cyberbullying may motivate a victim to take his or her life, when
it comes to convicting someone of a homicide, it is only in the rarest case that the bully will be deemed to be
the cause of the victim’s death.
NOTES:
 Read all.
122

SUICIDE TRAGIC, RARE, AND NOT CAUSED BY THE BULLY
BUTLER IN 2010
THE NEW YORK TIMES ROOM FOR DEBATE EDITORIAL SECTION. PAUL BUTLER, FORMER PROSECUTOR, ASSOCIATE DEAN
AT GEORGE WASHINGTON UNIVERSITY. ‚NOT EVERY TRAGEDY SHOULD LEAD TO PRISON‛ OCTOBER 20, 2010
Suicide is a tragic response to bullying. It is also a rare response. Of the millions of children who suffer bullying,
few take their own lives. Bullies ‚cause‛ suicides in the same way that a man ‚causes‛ the suicide of a lover he
spurns. The criminal law typically does not hold people responsible for outcomes that are idiosyncratic or
unpredictable.
NOTES:
 Read the title of the article as well when citing.
123

BEING A JERK IS NOT A CRIME
BUTLER IN 2010
If simply being a jerk was a criminal offense, we would need many more prisons than the hundreds we already
have.
NOTES:
 Read the title of the article as well when citing.
124

SUICIDE IS NOT NECESSARILY A RESULT: PHOEBE PRINCE
MARCUS IN 2010
WASHINGTON POST; APRIL 7, 2010; ‚SHOULD WE BE CRIMINALIZING BULLIES?‛ RUTH MARCUS
http://www.washingtonpost.com/wp-dyn/content/article/2010/04/06/AR2010040601901.html?hpid=opinionsbox1
Slate's Emily Bazelon reported that among South Hadley students, "the prevailing sentiment was that, yes, Phoebe
had been mistreated but not in some unprecedented way. 'A lot of it was normal girl drama,' one girl told me. 'If
you want to label it bullying, then I've bullied girls and girls have bullied me. . . . It was one of the worst things
I've heard of some girls doing to another girl. But it wouldn't have hurt most people that much.' "
NOTES:
125

A/T PROSECUTORS WON’T OVER-PROSECUTE
GROSSMAN 2008
In short, broad criminal liability means that more good people--people who are honest and who do not infringe on
others' rights or run roughshod over society's basic rules--will be treated as criminals, to nobody's ultimate benefit.
All that protects them from criminal sanction is prosecutorial discretion and restraint, but overcriminalization causes
even that to break down.
NOTES:
126

A/T CYBERBULLYING IS WORSE
MCKENNA IN 2007
NEW SCIENTIST MAGAZINE; VOLUME 195 ISSUE 2613. 2007. PHIL MCKENNA. ‚THE RISE OF CYBERBULLYING.‛
http://www.newscientist.com/article/mg19526136.300-the-rise-of-cyberbullying.html
ACCESSED: NOVEMBER 30, 2010 VIA EBSCO
A study by UK-based internet market research firm YouGov in 2006 found that for 1 in 8 young people cyber-
bullying is even worse than physical bullying.
NOTES:
127
128

BULLYING ACTUALLY GETTING BETTER
NEWSWEEK IN 2010
School bullying can be devastating, but social scientists say it is no more extreme, nor more prevalent, than it
was a half century ago. (And it's even gotten better over the past decade, says Dan Olweus, a leading bullying
expert.)
NOTES:
129

CYBERBULLYING HAPPENS 1/3 LESS THAN TRADITIONAL
NEWSWEEK IN 2010
Today’s world of cyberbullying is different, yes—far-reaching, more visually potent, and harder to wash away than
comments scrawled on a bathroom wall. All of which can make it harder to combat. But it still happens a third
less than traditional bullying.
NOTES:
 BOTH FOR BLANK SPACE FOR THE DEBATERS TO WRITE AND FOR US TO PUT ANY INFORMATION ON THE BRIEF WE
FEEL NEEDS TO BE KNOWN.
130

MANY TEENS MESS UP; DESERVE SECOND CHANCE
NEWSWEEK 2010
But many kids "just mess up," says Sameer Hinduja, a criminologist at Florida Atlantic University, and the
codirector of the Cyberbullying Research Center. "They react emotionally, and most of them express a lot of
remorse. I think most kids deserve another chance."
NOTES:
131

BULLYING JUST A SOUNDBITE POLITICAL PANIC; NO REAL THREAT
MAGID IN 2010
CNET (TECHNOLOGY NEWS WEBSITE) APRIL 7, 2010. LARRY MAGID, ‚LET’S NOT CREATE A CYBERBULLYING PANIC.‛
http://news.cnet.com/8301-19518_3-20001982-238.html?part=rss&subj=news&tag=2547-1_3-0-20
Cases like these have contributed to what's starting to look like a bullying panic, not unlike the predator panic of
a few years ago that caused people to worry (in most cases needlessly) about their children being sexually
molested by someone they meet online. Those were great headlines and sound bites for politicians, but
the research showed that it just wasn't the case for the vast majority of youth. While it is true that kids are many
times more likely to be bullied and cyberbullied than sexually molested by online strangers, we need to put this
issue into some perspective. Yes we should be concerned, but there is no cause for panic.
NOTES:
132

BULLYING IS ON THE DECLINE
MAGID IN 2010
CNET (TECHNOLOGY NEWS WEBSITE) APRIL 7, 2010. LARRY MAGID, ‚LET’S NOT CREATE A CYBERBULLYING PANIC.‛
http://news.cnet.com/8301-19518_3-20001982-238.html?part=rss&subj=news&tag=2547-1_3-0-20
Rather than an epidemic, bullying is actually on the decline. A study published last month in the Archives of
Pediatric and Adolescent Medicine found that the percentage of youth (a 2 to 17 years old) reporting physical
bullying in the past year went down from 22 percent in 2003 to 15 percent in 2008.
NOTES:
 Watch out for the turn on “physical bullying” turning into “cyber bullying.”
133

NO DIRECT CAUSATION TO SUICIDE
YEUNG IN 2010
Experts note that suicides, in particular, are difficult to pin to one specific cause. ‚I don’t think you can say that
there is a direct cause and effect between being bullied and making the decision to commit suicide,‛ says Susan
Swearer, an educational psychology professor at the University of Nebraska-Lincoln who specializes in bully
intervention. ‚Bullying is a factor in the suicide, so there are lots of questions in these cases.‛
NOTES:
134

CYBERBULLYING HAPPENS LESS THAN REGULAR
BACKUS IN 2009
Although the jump seems startling and is certainly noteworthy, it may overstate the prevalence of cyberbullying
since a majority of teens report that bullying and harassment happen more offline than online.
NOTES:
135

CYBERBULLYING ITSELF DOESN’T LEAD TO SUICIDE
ARCHIVE OF SUICIDE RESEARCH 2010

ARCHIVES OF SUICIDE RESEARCH; SAMEER HINDUJA AND JUSTIN W. PATCHIN (FOUNDERS OF CYBERBULLYING RE-
SEARCH CENTER) VOLUME 14, ISSUE 3, 2010, PAGES 206 – 221
ACCESSED VIA ERIC EBSCO
‚As mentioned earlier, it is unlikely that experience with cyberbullying by itself leads to youth suicide. ‚
NOTES:
136

FOCUS ON CYBERBULLYING DISTRACTS FROM REAL BULLYING
KAMINER IN 2010
THE ATLANTIC; WENDY KAMINER, LAWYER; MARCH 30, 2010. ‚BULLYING AND THE PHOEBE PRINCE CASE‛
http://www.theatlantic.com/national/archive/2010/03/bullying-and-the-phoebe-prince-case/38221/
Focusing on cyber-bullying, in particular, may even distract administrators from addressing actual harassment and
stalking of the sort allegedly suffered by Prince. It can also provide an excuse for inaction. South Hadley School
Superintendent Gus A. Sayer initially tried blaming Prince's suicide on cyber-bullying: "The real problem now is the
texting stuff and the cyber-bullying,'' he told The Boston Globe, back in January. "Some kids can be very mean
towards one another using that medium.''
NOTES:
137

CYBERBULLYING DOESN’T BOTHER THE MAJORITY OF VICTIMS
NATIONAL CRIME PREVENTION COUNCIL; FEBRUARY 28, 2007; ‚TEENS AND CYBERBULLYING‛
http://www.ncpc.org/resources/files/pdf/bullying/Teens%20and%20Cyberbullying%20Research%20Study.pdf
NOTES:

138

74% SAY THEY ARE NEITHER CYBERBULLIES NOR VICTIMS
TIME IN 2010
A team led by Professor Robert Gable of Johnson & Wales University, which is based in Providence, R.I., found
that 74% of seventh- and eighth-graders think of themselves as neither cyberbullies... nor victims of cyberbullying.
NOTES:
 Ellipses contained a basic definition of cyberbullies.
139
140

BETTER WAYS TO ADDRESS CYBERBULLYING
BUTLER IN 2010
If the only tool you have is prison, then every problem looks like a crime. There are better ways to address
cyberbullying, including the public education campaign now underway at Rutgers. A national conversation about the
importance of civility and respect would be a more effective tribute to Tyler Clementi than trying to prosecute his
bullies for manslaughter. They acted meanly, and possibly even criminally, but not homicidally.
NOTES:
 The first sentence is a brilliant play on the quote “if all you have is a hammer, everything starts to look like a nail.”
Much like the University team did in the final round with “More chefs in the kitchen doesn’t mean a better product,”
keep repeating this throughout the round. Repetition is extremely persuasive.
141

CYBERBULLYING INCIDENT SHOULD BE HANDLED INFORMALLY
PATCHIN IN 2010
THE NEW YORK TIMES ROOM FOR DEBATE EDITORIAL SECTION. JUSTIN PATCHIN, PROFESSOR OF CRIMINAL JUSTICE AND
CYBERBULLYING SPECIALIST. ‚NOT EVERY TRAGEDY SHOULD LEAD TO PRISON‛ OCTOBER 20, 2010
The vast majority of cyberbullying incidents can and should be handled informally: with parents, schools, and others
working together to address the problem before it rises to the level of a violation of criminal law.
NOTES:
142
143

SCHOOLS HAVE UNIQUE POSITION IN CURBING CYBERBULLYING
ZANDE IN 2009
The school is in the unique position to both identify student cyberbullies and educate them as to proper behavior.
This is, after all, consistent with schools' pedagogical mission, as the Supreme Court explicitly recognized in
Hazelwood. Since cyberbullying, in both form and effect, is so similar to traditional bullying, where the school's
authority is clearer, it seems logical that schools are the proper party to curtail student cyberbullying as well. Thus,
schools should have the authority to constitutionally discipline students for acts of cyberbullying, even when
occurring off campus.
NOTES:
144

TIME IN 2010
Social scientists have found that programs that build from within schools and work with both victims and bullies
have more success than programs that ridicule bullies from the outside.
NOTES:
 Use the card saying schools will implement the laws.
145

LESSON FROM SCHOOL ENOUGH TO CURB CYBERBULLYING
ZANDE IN 2009
… Schools are in a better position to educate the cyberbully as to appropriate online and social behavior, as well
as to determine and oversee appropriate punishment. Oftentimes, this decorum lesson from the school may be
enough to curb the cyberbully's behavior.
NOTES:
 Front end of ellipses comes in the brief “CYBERBULLYING A WASTE OF COURT RESOURCES.”
146

SUPREME COURT GIVES SCHOOLS RIGHT TO MONITOR STUDENT SPEECH
ZANDE IN 2009
[In] Tinker, the Court concerned itself with balancing the rights of students to voice unpopular political opinions
with the rights of schools to maintain discipline and the rights other students to feel safe. In Fraser, the Supreme
Court granted even more deference to school administrators to provide students with a safe school environment.
Subsequently in Hazelwood and, even more clearly in Morse, the Court further expanded the authority of the
schools to curtail student speech. This trend suggests that the schools, and not the judicial system, are more
aptly suited to determine what student speech is inappropriate, and to prohibit that speech under the First
Amendment.
NOTES:
 Basically argues that the SC has indicated that schools have the right to determine what student speech is
appropriate or not, based off of its four student speech decisions.
147

SCHOOL CLIMATE NECESSARY TO REDUCE BULLYING
BACKUS IN 2009
Evidence suggests that the climate of a school is the key ingredient to reducing bullying behaviors. "Research
indicates that students who feel connected to their school, who think their teachers care about them and are fair,
and who think the school rules are clear and fair are less likely to perpetrate any type of violence or aggression,
including electronic aggression."
NOTES:
 The last phrase is important in that it links it to cyberbullying.
148

SCHOOL ANTI-BULLYING PROGRAMS EFFECTIVE
BACKUS IN 2009
Anti-bullying programs that incorporate these concepts have proven effective in reducing bullying and victimization,
as a meta-analysis of fifty-nine studies of the effectiveness of bullying prevention programs recently concluded.
NOTES:
149

STUDENTS SHOULD BE EDUCATED ABOUT PROBLEM
BACKUS IN 2009
"The goal is not so much to punish as to get students on paths to make better choices, to understand the impact
of what they do, to deal with people better--in other words, to learn something, to change their ways and not to
just sit out classes for three days."
NOTES:
150

SCHOOL ENFORCEMENT PREFERABLE TO CRIMINALIZATION
ERB IN 2008
Policymakers and judges have two distinct options if they want to truly address the problem of cyberbullying in our
schools: either strengthen civil and criminal remedies with which victims could deter harassers, or defer to school
discretion in punishing abusive Internet speech. Strengthening civil and criminal judicial remedies is not appealing
for two primary reasons. First, the stakes are much higher for children in such proceedings. Convictions would
show up on criminal records and could affect a student's chances to get admitted into college or the military after
high school. Second, there is not a structure already in place to track bullying speech on web sites throughout the
community. Asking police officers and judges to make time in their daily schedules to address these comparatively
petty issues (although not petty in the eyes of the students) would not make for good public policy or efficient
government. Therefore, the more feasible option is to return schools to the status of "mediating institutions" that
they once occupied and allow them substantial deference in disciplining conduct that affects the educational
environment on their campuses.
NOTES:
151

SCHOOLS ARE BETTER SUITED TO DEAL WITH CYBERBULLIES
ERB IN 2008
As mediating institutions, public schools are better equipped to handle student speech that is not actionable in the
criminal or civil courts, but still disrupts the lives of teachers and students in the educational community… Second,
because the school system is much more involved with parents and children in the community than is the criminal
justice system, it is practical to allow schools to use their discretion when dealing with off-campus Internet speech
that affects those on campus.
NOTES:
152

POLICE/COURTS DON’T HAVE TIME, SCHOOLS MORE PRACTICAL
ERB IN 2008
Alternatively, local police departments and judicial systems are much less friendly to parental involvement in their
affairs. Police departments are already too busy to look into small burglaries and incidents of assault, much less
harassment taking place on the web pages of neighborhood children. Likewise, court dockets are already
hemorrhaging, leaving judges little time to worry about the latest cut-down slung through cyberspace. Therefore, it
is more practical to allow schools to reassume the role of mediating institutions that they traditionally held by
deferring to administrators' discretion when punishing incidents of cyberbullying.
NOTES:
153

SCHOOL PREVENTION PROGRAMS REDUCE BULLYING BY 50%
BENNET IN 2010
In effect, it already has been. Forty-five states now have anti-bullying laws; in Massachusetts, which has one of
the strictest, anti-bullying programs are mandated in schools, and criminal punishment is outlined in the text for
even the youngest offenders. It’s a good-will effort, to be sure—prevention programs have been shown to reduce
school bullying by as much as 50 percent
NOTES:
 GO HERE
154

SCHOOLS AND PARENTS THE ONLY WAY TO SOLVE
TURBERT IN 2009
SETON HALL UNIVERSITY LEGISLATIVE JOURNAL; ‚FACELESS BULLIES: LEGISLATIVE AND JUDICIAL RESPONSES TO CYBER-
BULLYING.‛ 2009 VOLUME 33, ISSUE 651. KEVIN TURBERT.
Rather, in the majority of cyberbullying cases, in which the effects are not significantly damaging, the most
appropriate remedy seems to be the traditional school punishments of detention or suspension. Bringing the courts
into matters of childish transgressions is not how cyberbullying will be defeated. Appropriately, parents and schools
should be vested with the responsibility of the nurturing and developing of children. It is in this process of
childhood development that true solutions to cyberbullying exist.
NOTES:
 GO HERE
155
156

EDUCATION IS THE SOLUTION, NOT CRIMINALIZATION
LEVENSON IN 2010
Second, the criminal justice system is a poor substitute for what really needs to be done. Cyberbullying is classic
anti-social behavior. Whether people act in a cruel and callous manner is something we learn early in life. Some
schools are now adding curricular lessons on responsible use of the Internet. Every school should be doing this.
We need to teach that online bullying is just as and possibly more destructive than tormenting a victim in person.
NOTES:
157

PROTECTION EDUCATION NEEDED
LEVENSON IN 2010
Finally, people should be told how to protect themselves. When terrorism threats against our nation seemed acute,
there were constant messages on how to protect against those threats. Similar public awareness lessons are
needed now. The Internet should come with one big warning sign – "Beware, you are exposing yourself to people
who do not have your best interest in mind."
NOTES:
158

SHOULD BE EDUCATING STUDENTS
ADAMS IN 2010
CARALEE.
Schools are struggling to create policies that deal with cyberbullying and the use of cell phones at schools.
Experts say banning technology is not the answer, but rather teaching kids to be good digital citizens… "Teachers
should not limit the discussion to computer class or Internet safety day.… You should bring it up in any capacity,
in any instance, in any classroom, whether algebra or social studies or the hard sciences."
NOTES:
 The first set of ellipses cuts out two paragraphs of uselessness, the second one is in the evidence.
159
160

CIVIL LITIGATION BETTER THAN CRIMINAL
NOWT NEWS IN 2010

NOWTNEWS, ONLINE TECHNOLOGY NEWS WEBSITE. OCTOBER OF 2010. ‚US WEIGHS CRIMINAL OFFENSES FOR CYBER-
BULLYING‛
http://nowtnews.com/05674/us-weighs-criminal-penalties-for-cyber-bullying/
Brooke Sommerfield, a Southern California child advocate, suggests, ‚Civil litigation represents the best option for
victims and their families, because every bullying incident is, almost by definition, a case of personal injury. I
believe we should hold parents accountable for their children’s behaviour, and I think we should hold schools
accountable for their negligence. A few hefty ‘wrongful death’ awards will send the strong message the community
needs to hear.‛ Sommerfield emphasizes every act generally regarded as bullying already is recognized as a ‚tort‛
in civil law, and therefore gives victims and families grounds for filing suit.
NOTES:
 NOT A BRILLIANT SOURCE.
161

SOLUTION LIES IN CIVIL, NOT CRIMINAL, COURT
KELLEY IN 2010
ELIZABETH KELLEY, A CRIMINAL DEFENSE ATTORNEY BASED IN CLEVELAND, OHIO. SHE IS A REGULAR ON CNN.
“BULLYING AND CYBERBULLYING: WE OWE IT TO PHEOBE PRINCE AND TYLER CLEMENTE OT ACT LIKE RESPONSI-
BLE ADULTS” OCTOBER 10, 2010
http://elizabethkelleylaw.wordpress.com/
I can’t help but wonder if ultimately the solution lies in our civil laws. That is, I can well imagine the potential
lawsuits against schools and administrators who fail to stop bullying. The threat of a multi-million dollar verdict
may be enough to motivate adults to take bullying seriously and to intervene early. But the challenge for any
plaintiffs will be that because of technology, bullying is no longer confined to the schoolyard. Twitter, MySpace,
Facebook, YouTube, and texting are without confines, and 24/7.
NOTES:
162

TRUE CRIMES CAN BE PROSECUTED, CIVIL IS MORE REALISTIC
TURBERT IN 2009
SETON HALL UNIVERSITY LEGISLATIVE JOURNAL; ‚FACELESS BULLIES: LEGISLATIVE AND JUDICIAL RESPONSES TO CYBER-
BULLYING.‛ 2009 VOLUME 33, ISSUE 651. KEVIN TURBERT.
Another alternative to the tetralogy's case law could be criminal penalties for cyberbullying. True threats, harassing
phone calls or text messages, stalking, hate or bias crimes, and transmission of sexually explicit images of
children can be deemed criminal misconduct. However, despite the nastiness that can radiate from
cyberbullying, most instances are not serious enough to be considered criminal in nature. Thus, it is more realistic
for the victim to bring civil action against the bully.
NOTES:
163
164

HARASSMENT LAWS INCLUDE CYBERBULLYING
AUERBAC IN 2009
Since Internet postings may be analogized to telephone or written communication, harassment laws may be read to
include cyberbullying.
NOTES:
165

STATUS QUO HAS PUNISHMENTS ALREADY
MCKENNA IN 2007
Moreover, school officials contend they walk a tightrope in protecting the victims without trampling the free speech
rights of the bullies. Lawyers claim parents of a bully can be sued for defamation, privacy invasion, and emotional
distress.
NOTES:
166
167

CRIMINALIZATION WOULDN’T STAND CONSTITUTIONALLY
BRENNER IN 2010
As to the constitutional issues, expanded stalking and harassment statutes criminalizing the circulation of simple
gossip should violate the First Amendment because they would bar the publication of non-defamatory content and
opinion; they would probably also be held void for vagueness due to the difficulty involved in articulating what was,
and was not, permissible in online commentary about someone.
NOTES:
168

CRIMINALIZING VIOLATES FIRST AMENDMENT
AUERBAC IN 2009
Since Internet postings may be analogized to telephone or written communication, harassment laws may be read to
include cyberbullying. However, criminalization of speech, however disseminated, is now generally held, with only
very limited exception, to be a violation of the First Amendment.
NOTES:
169

PROHIBITING MEAN WORDS WON’T PASS CONSTITUTIONAL MUSTER
LEVENSON IN 2010
Dealing with new technology is always a challenge. We should look for answers on all fronts. Laws may need to
be reevaluated to determine whether there should be specific crimes against cyberharassment, but prohibiting mean
words and cybergossip will never pass constitutional muster. The solution lies in updating both our laws and our
behavior.
NOTES:
 Don’t contradict yourself with the rest of the quote.
170

ANTI-BULLYING LEGISLATION IS OVERBROAD AND ABUSIVE
KAMINER IN 2010
THE ATLANTIC; WENDY KAMINER, LAWYER; MARCH 30, 2010. ‚BULLYING AND THE PHOEBE PRINCE CASE‛
http://www.theatlantic.com/national/archive/2010/03/bullying-and-the-phoebe-prince-case/38221/
If the prosecution of Prince's alleged tormenters is merited, it suggests that laws against bullying may be
redundant, at best. At worst, (and often) anti-bullying regulation is overbroad, exerting control over students
outside of school and infringing unduly on speech, especially when it addresses cyber-bullying. The rash of
recent cases targeting student online speech (especially speech critical of administrators), the use of child porn
laws to prosecute teens for sexting, and the scandalous use of webcams to spy on students at home should
make us skeptical of legislation aimed at curbing verbal "abuses." Unprecedented freedom to speak and
opportunities to disseminate speech (for better and worse) have naturally resulted in some harsh crackdowns on
speech.
NOTES:
171
172

IMPOSSIBLE TO DISTINGUISH BETWEEN CRIMINAL AND CRUEL
NEWSWEEK IN 2010
But like a stereo with the volume turned too high, all the noise distorts the facts, making it nearly impossible to
judge when a case is somehow criminal, or merely cruel.
NOTES:
 BOTH FOR BLANK SPACE FOR THE DEBATERS TO WRITE AND FOR US TO PUT ANY INFORMATION ON THE BRIEF WE
FEEL NEEDS TO BE KNOWN.
173

CYBERBULLYING RAISES PROBLEM OF CAUSATION
YEUNG IN 2010
‚There is always the problem of causation, which is the underlying principle of every criminal charge,‛ observes
Patrick Corbett, a criminal law professor at Cooley Law School in Lansing, Michigan. ‚The question is: was the
defendant’s action what caused the suicide? It’s not an easy case for the prosecutor to work with.‛
NOTES:
174

PROSECUTION IS RARE AND DOESN’T COMPENSATE VICTIM
AUERBAC IN 2009
Criminal prosecutions are welcome and helpful, but often end up being incomplete, due to limited
resources which force prioritizing more serious cases. Furthermore, the prosecutions that are carried
out may punish the bully, but do nothing to compensate the victim for his injuries.
NOTES:
175

STUDENTS WON’T REPORT CYBERBULLYING, PROSECUTION FAILS
GORDON IN 2009
NORTH CAROLINA JOURNAL OF LAW AND TECHNOLOGY, ONLINE EDIGTION. MICHAEL GORDON. ‚THE BEST INTENTIONS:
A CONSTITUTIONAL ANALYSIS OF NORTH CAROLINA’S NEW ANTI-CYBERBULLYING STATUTE.‛
http://jolt.unc.edu/sites/default/files/Gordon.pdf
One remaining problem with the criminal justice approach is the ability to enforce HB 1261. Many children may
be afraid to report instances of cyberbullying. For example, in previous school-based approaches, students have
been afraid to report cyberbullying because "they would have to disclose that they violated school policies that
often prohibit specific types of technology use . . . during the school day." In essence, there is no reason to
believe that children will be more likely to report cyberbullying to the police than to school administrators, since
students are hesitant to report cyberbullying to school officials or to their parents. Thus, unless the police go
trolling for publicly posted speech, this law may go entirely unenforced.
NOTES:
176

WOULD CRIMINALIZE 53% OF TEENS
GRANT IN 2006
One study by I-Safe America found that 42 percent of students in fourth through eighth grades admitted to being
harassed or bullied online, and 53 percent admitted to having said something hurtful or mean online.
NOTES:
177

PUNISHMENT WOULDN’T MATCH UP TO THE CRIME
GILLESPIE IN 2006
However it has been suggested that the principal difficulty with the communications offences is that they do not
necessarily capture the behaviour that is occurring (Finch, 2001, p. 257). This is an important point and, whilst
it can be seen that harassment in real-time communications (chat- rooms, SMS, emails) will almost certainly be
captured by this offence, it is unlikely that the harassment will be a single message but, rather, a pattern of
abuse. Even so, it is unlikely that multiple charges would be brought to reflect this and Finch suggests that this
might under-play the abuse suffered and call into account the adequacy of the punishments available.
NOTES:
 What this is basically saying is that harassment in the context of cyberbullying constitutes a long pattern of offensive
behavior, but since only one charge of harassment/cyberbullying will be levied, the punishment won’t actually re-
flect the severity of the crime.
178

KIDS DON’T KNOW WHO BULLIES THEM
JOURNAL OF SCHOOL LIBRARIES IN CANDA, 2006

JOURNAL OF SCHOOL LIBRARIES IN CANADA. VOLUME 25 ISSUE 4, 2006. ‚CYBERBULLYING: UNDERSTANDING AND
PREVENTING ONLINE HARASSMENT AND BULLYING‛ MEDIA AWARENESS NETWORK
http://www.cla.ca/casl/slic/254cyberbullying.html
In one Calgary survey of middle school students, 41% of students who had been cyberbullied didn’t know the
identity of the person who was bullying them.
NOTES:
 Makes the law hard to enforce, right?
179

ENORMOUS NUMBER OF AMERICANS WOULD VIOLATE TOS LAW
GROSSMAN 2008
The amount of conduct that would be criminalized if Lori Drew is convicted on the prosecution's theory of the law
is enormous, as is the number of Americans who would be in violation of the law. Any person who has
exaggerated his or her height on a dating Web site profile, unwittingly linked to a file that happens to contain a
virus on Facebook, or performed research for pay using Google has violated a terms-of-service agreement and
could be prosecuted for it.
NOTES:
 The “prosecution’s theory of the law” is the idea that violating a term of service on a website is somehow illegal
because it’s fraud. Cyberbullying is a violation of those terms of service, as are all of the above examples.
 TOS = Terms Of Service
 You’ll need to make the argument that cyberbullying would be prosecuted under a ToS law and be a criminal offense
in that manner. The fact that the prosecutors chose to prosecute cyberbullying under a ToS law kind of makes that
argument for you.
180

HALF OF VICTIMS DON’T KNOW CYBERBULLIES
MCKENNA IN 2007
Anonymity can also amplify bullying's negative effect on the victim. "The psychological ramifications of not knowing
who's attacking you can be maddening," says Kowalski. "The bully could be your best friend, a sibling, or half the
school." In a recent, as yet unpublished survey she carried out, nearly half of the children she interviewed didn't
know who their cyber-bully was.
NOTES:
 Impact this into a lack of enforcement.
181

LAW ENFORCEMENT BUSY WITH ‚REAL CRIME‛
MCKENNA IN 2007
However, it can be difficult to persuade people to take these laws seriously, and in the US they only apply to
over-18s. "Many jurisdictions don't want to investigate or prosecute these cases," says Al Kush of
WiredSafety.org, an internet safety advocacy group based in Seattle, Washington. "They are short-staffed and busy
pursuing what they call 'real crime'."
NOTES:
 GO HERE
182

STATUS QUO CRIMINAL LAWS INEFFECTIVE
BARNETT IN 2009
Yet although they remain available, the civil and criminal remedies are often inadequate. Thirteen state legislatures
have made the policy choice that school-based punishment is appropriate. To the extent that cyberbullying statutes
tie the hands of school administrators by preventing them from addressing behavior that occurs after school hours
on non-school equipment, the statutes cannot address most cyberbullying behavior and are therefore ineffective as
written.
This Note has demonstrated that the current cyberbullying statutes do little - if anything - to curb cyberbullying
behavior.
NOTES:
183
184

IF THERE ISN’T A LAW ON THE BOOKS ALREADY, NOT A CRIME
BUTLER IN 2010
We don’t need any new criminal laws. We have more than enough right now -- 4,000 federal crimes, and many
times that number of state crimes. If prosecutors can’t find anything to charge a particular cyberbully with, that
bully has not committed a crime.
NOTES:
 Read the title of the article as well.
185

LINK CARD: CRIMINALIZE CYBERBULLYING = OVERCRIMINALIZATION
REPRESENTATIVE GOHMERT IN 2010
WIRED (TECH MAGAZINE). SEPTEMBER 30, 2009. ‚CYBERBULLYING BILL GETS CHILLY RECEPTION.‛ DAVID KRAVETS.
http://www.wired.com/threatlevel/2009/09/cyberbullyingbill/
Rep. Louie Gohmert (R-Texas) said the legislation ‚appears to be another chapter of over-criminalization.‛ He
quipped, however, that the law could target the ‚mean-spirited liberals‛ in the blogosphere that are attacking
himself and his family regularly.
NOTES:
 This card should allow you to link into the overcriminalization impacts.
186

CYBERBULLYING WOULD FLOOD THE JUSTICE SYSTEM
BRENNER IN 2010
It would be unworkable because the criminal justice system would be inundated with requests for prosecutions,
most of which would be denied due to a lack of resources; rejected requests might lead the original victim to
retaliate in kind, which could lead to a consequent, also likely to be rejected request for prosecution by the
cyberbully- become-victim. While prosecutions might be brought in a few particularly egregious cases, they would
probably do little to discourage determined cyberbullies.
NOTES:
187

OVERCRIM. IMPACT: DISTORTS PURPOSE OF LAW ENFORCEMENT
LUNA IN 2005
American University law review. Erik Luna, Associate Professor, University of Utah College of Law “THE
OVERCRIMINALIZATION PHENOMENON” October 3, 2005
Distended penal codes of vast criminal liability have a degenerative effect on an adversarial system in which law
enforcers are not impartial bystanders but instead interested parties aggressively seeking arrests and convictions.
NOTES:
188

OVERCRIM IMPACT: LOSS OF RIGHTS, PROSECUTORIAL SUPREMACY
LUNA IN 2005
For prosecutors, overcriminalization produces a dangerous disparity of power, with, for instance, extreme sentences
via mandatory minimums applied as leverage to squeeze out information or guilty pleas. Prosecutorial supremacy
through overcriminalization is troubling enough when the underlying crime and attached penalties are tenuous to
begin with. But it also emasculates the constitutional rights of the accused—the presumption of innocence, the
right to trial by jury, the requirement of proof beyond a reasonable doubt, and so on—threatening prolonged
sentences for those who demand their day in court. It seems no stretch to argue that defendants are literally
punished for exercising their rights.
NOTES:
189

OVERCRIM. IMPACT: MISALLOCATION OF LIMITED RESOURCES.
LUNA IN 2005
Overcriminalization also encourages the misallocation or waste of limited resources, especially when the underlying
rationale, such as the pursuit of vice crime, is deemed trivial or untenable by most political
theories. “[O]ne can examine side effects of the effort to enforce morality by penal law,” Louis Schwartz
suggested some forty years ago. “Are police forces, prosecution resources, and court time being wastefully
diverted from the central insecurities of our metropolitan life—robbery, burglary, rape, assault, and governmental
corruption?”Despite the intervening decades, the most reasonable response remains the same: Rather than
squandering public funds on the largely futile policing of voluntary transactions between prostitutes and their
clientele, for instance, law enforcement could be utilizing these resources to track down real sex offenders like
child molesters and rapists.
NOTES:
 Make an analogy with the last little bit there. Should police be going after teens picking on each other, or adults go-
ing after teens as sexual predators.? (Combine this card with the card saying that cyberbullying is more common
than sexual predators to prove that resources would be forced towards cyberbullying.)
190

OVERCRIM. IMPACT: ANCILLARY COSTS TO SOCIETY
LUNA IN 2005
The ancillary expenses of overcriminalization should be considered as well—not only the more than twenty
thousand dollars per year that is spent to incarcerate each inmate, but also the financial, emotional, and social
costs when otherwise productive individuals are unable to contribute to society, when families are left without
breadwinners, and when neighborhoods are decimated by the loss of entire generations of young men.
NOTES:
191

LINK: CYBERBULLYING CONVICTION = OVERCRIMINALIZATION
GROSSMAN IN 2008
The case of housewife Lori Drew fits the pattern perfectly. Drew was indicted under a federal anti- computer
hacking statute for impersonating a young man on MySpace to gain the trust of an emotionally troubled teen,
Megan Meier, who killed herself after the cruel joke spun out of control. The case contains all the hallmarks of
overcriminalization and illustrates all of its common consequences:
 The decline of mens rea (guilty mind) requirements as a protection against unfair criminal liability;
 The arbitrary nature of modern criminal offenses that provide citizens with no notice that their conduct may be
illegal;
 Extremely broad liability that threatens to make millions of honest citizens criminals;
 Politics and public opinion trumping ordinary prosecutorial discretion and traditional notions of justice; and
 The threat to liberty, the rule of law, and our civil society.
NOTES:
192

KINDNESS AND COMPASSION NOT ENFORCED BY LAW
GROSSMAN 2008
But kindness and compassion are not things that our society enforces by law, nor could it do so.
NOTES:
193
194

LINK CARD: SCHOOLS ENFORCE THE LAWS
SURDIN IN 2009
WASHINGTON POST; JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBERBULLYING.‛ ASHLEY SURDIN PG.
103
ACCESS DATE: NOVEMBER 29, 2010
"The problem with these laws is that schools are now trying to control what students say outside of school. And
that's wrong," said Aden Fine, a senior staff lawyer with the national legal department of the American Civil
Liberties Union, which has closely followed such legislation. "What students say outside of school -- that's for
parents to deal with or other government bodies to deal with.
"We have to keep in mind this is free speech we're talking about."
NOTES:
This card lets you link into the school overreach arguments.
195

SCHOOLS HAVE NO OFF-CAMPUS RIGHTS
BACKUS IN 2009
The Second Circuit unequivocally embraced this position in Thomas v. Board of Education, Granville Central School
District when it held that student speech outside the school must be analyzed distinct from Tinker and its
progeny. The court acknowledged that educators "must be accorded substantial discretion" to carry out their
responsibilities, but it took the boundary articulated by Tinker to heart with the blunt conclusion that school
"authority does not reach beyond the schoolhouse gate." Rather than Internet speech, Thomas considered a
satirical student newspaper, which the court characterized as having been "conceived, executed, and distributed
outside the school." The newspaper was off-campus speech even though copies ultimately made their way onto
campus and the content of the publication was unquestionably directed to the school community. Having found the
student expression to be off-campus, with any on-campus activity de minimus, the Second Circuit refused to apply
the usual student speech cases, but rather insisted that "because school officials have ventured out of the school
yard and into the general community where the freedom accorded expression is at its zenith, their actions must be
evaluated by the principles that bind government officials in the public arena."
NOTES:
 Bold’s the important part.
196

SCHOOLS TERRIBLE ENFORCERS, OVERSTEP BOUNDS
BACKUS IN 2009
As one commentator noted, "many of the reported cases reflect the schools' rash decisions. School officials
punished students without even analyzing whether the web sites actually disrupted the school environment." For
instance, students have been disciplined for creating fairly ridiculous, innocuous Web sites, like the Texas middle
school student who was suspended for setting up a Web site called C.H.O.W., for Chihuahua Haters of the
World. Some schools are even going so far as to adopt policies claiming they can discipline students for material
posted online from a home computer. In a Chicago suburb, one school district requires that all students
participating in extracurricular activities sign a pledge agreeing that evidence of "illegal or inappropriate" behavior
posted on the Internet could be grounds for disciplinary action.
NOTES:
197

LINK CARD: LAWS EMPOWER SCHOOL OVERREACH
BACKUS IN 2009
School authorities may also feel empowered to discipline off-campus Internet student speech based on a new
wave of state legislation on cyberbullying. While a majority of states have general bullying laws, the National
Conference of State Legislatures lists 19 states as having enacted some form of specific cyberbullying legislation--
Arkansas, California, Delaware, Florida, Idaho, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Nebraska,
New Jersey, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, and Washington. Each state statute
is different, of course, but most have at their core a requirement that school districts establish policies, both
disciplinary and preventative, on bullying that include electronic communication. In lieu of explicitly addressing
whether off-campus electronic communication is subject to these new policies, some statutes utilize Tinker's
language to include any communication that results in a substantial disruption. Other statutes limit the policies to
school grounds and school sponsored activities, implying that off-campus communication is not included.
NOTES:
 This allows you to link into the school overreach arguments.
198
199

PREVENTION BETTER THAN PUNISHMENT
SURDIN IN 2009
103
Champions and critics of the laws agree that preventive education is a more powerful deterrent to cyber-bullying
than discipline. That notion is supported by Patricia Agatston, co-author of "Cyber Bullying: Bullying in the Digital
Age" and a counselor at Cobb County School District's Prevention-Intervention Center in Georgia.
"A lot of it can be prevented if we can just teach kids to think before they put things out there," Agatston said.
NOTES:
200

CYBERBULLYING A WASTE OF COURT RESOURCES
ZANDE IN 2009
Victims of incidents involving a child and adult, or two adults, have other legal claims available to proceed under,
including defamation, cyberharassment, and cyberstalking. These offenses, often more serious than the acts of a
cyberbully, can be more appropriately prosecuted in the criminal system or litigated in civil courts. Comparatively, it
would be a waste to utilize court resources in a cyberbullying claim when schools are in a better position to
educate the cyberbully as to appropriate online and social behavior, as well as to determine and oversee
appropriate punishment.
NOTES:
 Courts are better served working on cyber-incidents between adults and minors, or between two adults. Schools are
better at handling minors, making it a waste when courts do it.
201

FATHER OF CYBERBULLY SUICIDE VICTIM SAYS LAWS BAD IDEA
SURDIN IN 2009
103
John Halligan, whose son Ryan took his life in Essex Junction, Vt., after many years of bullying, some online,
applauded the national movement to enact cyber-bullying laws. But, he said, laws alone cannot stop the problem.
"I don't think a law would have prevented what happened here, quite frankly," said Halligan, who spends his time
telling his son's story to schools.
NOTES:
202

EXPERTS: PROSECUTION WORST POSSIBLE SCENARIO
NEWSWEEK IN 2010
What most bullying experts and legal scholars agree on is that prosecution—in the Prince case, anyway—may be
the worst possible scenario.
NOTES:
203

LAW IS NOT A DETERRENT
NEWSWEEK 2010
There is longstanding research to show that law is not a deterrent to kids who respond emotionally to their
surroundings...
NOTES:
204

LABELLING TEENS AS ‚CRIMINALS‛ HURTS IN LONG RUN
NEWSWEEK 2010
… Ultimately, labeling a group of raucous teens as "criminals" will only make it harder for them to engage with
society when they return.
NOTES:
205

FOCUS ON CYBERBULLY ACTUALLY INCREASES CYBERBULLYING
USA TODAY 2008

USA TODAY. ‚CYBERBULLYING GROWS BIGGER AND MEANER WITH PHOTOS, VIDEO.‛ JANET KORNBLUM. JULY 15,
2008
http://www.usatoday.com/tech/webguide/internetlife/2008-07-14-cyberbullying_N.htm
But all the attention over cyberbullying is "a double-edged sword. In one respect, America is finally waking up.
And yes, it's due in large part to the Internet. The flipside of that is it's also motivating a lot of kids to be
meaner. Because in their minds, it is such a cool tool to show off how mean they can be."
NOTES:
206

BULLIES NEED INTERVENTION, NOT PROSECUTION
YEUNG IN 2010
According to research by Swearer, the education psychologist, bullies themselves often experience higher rates of
social anxiety and depression. ‚It’s important to look at intervention, not just at throwing the book at these kids,‛
she says. ‚There’s got to be a consequence. We’re not taking the time to figure out why someone is doing this,
and helping them to see that this is not okay.‛
NOTES:
SUSAN SWEARER, EDUCATION PSYCHOLOGIST AT UNIVERSITY OF NEBRASKA LINCOLN
207

EXPERT: CRIMINALIZATION IS NOT THE BEST COURSE
PATCHIN IN 2009
MILLER-MCCUNE MAGAZINE. ‚PREVENTING CYBERBULLYING REMAINS TERRA INCOGNITA‛ JOHN GREENYA.
http://www.wired.com/threatlevel/2009/09/cyberbullyingbill/
‚I’m skeptical about them; I really don’t want to criminalize this behavior. I think there is a role for both the
federal and state governments in terms of educating local school districts about what cyber-bullying is and what
they can do about it, and providing resources to help them prevent and respond to online aggression. But
criminalization doesn’t seem to me to be the best approach.‛
NOTES:
 The quote comes from Justin Patchin, PhD criminologist at University of Wisconsin-Eau Claire, and founder of
www.cyberbullying.us
208

LEGISLATION INEFFECTIVE AND HEAVY-HANDED
BACKUS IN 2009
In addition, legislatures are wading into the fray with new laws and penalties. As the next section will explore, this
heavy-handed reaction is not only ineffective in addressing the problem, but may be detrimental to the future of
the First Amendment.
NOTES:
209

CRIMINALIZING IS NOT A DETERRENT
NOWT NEWS IN 2010

NOWTNEWS, ONLINE TECHNOLOGY NEWS WEBSITE. OCTOBER OF 2010. ‚US WEIGHS CRIMINAL OFFENSES FOR CYBER-
BULLYING‛
http://nowtnews.com/05674/us-weighs-criminal-penalties-for-cyber-bullying/
Many child advocates, ironically, oppose criminalizing bullying, because they fear the long-term consequences of
saddling juveniles with criminal records. More importantly, they stress criminal punishment of a few offenders does
not serve as warning for other bullies, because the adolescent mindset includes the idea ‚that never will happen
to me.‛
NOTES:
 WEAKER SOURCE.
210

CRIMINALIZING NOT THE RIGHT APPROACH
PALFREY IN 2009
JOHN PALFREY, PROFESSOR, HARVARD LAW SCHOOL; SEPTEMBER 30, 2009; ‚CYBERBULLYING AND OTHER ONLINE
SAFETY ISSUES FOR CHILDREN‛ HEARING ON H.R. 1966 ‚MEGAN MEIER CYBERBULLYING PREVENTION ACT‛
http://judiciary.house.gov/hearings/printers/111th/111-76_52547.PDF
New legislation could help to address cyberbullying and other online safety problems. But newly criminalizing a
broad swath of online speech is not the right general approach...There are legal approaches - other than newly
criminalizing online speech - that make sense.
The "Adolescent Web Awareness Requires Education Act of 2009" is a terrific proposal. The Act's proposed grant
program would make a great deal of difference for young people in the near term and potentially in the long term.
NOTES:
 Don’t give your opponents a reason to go off about counterplans by emphasizing the second paragraph too much.
211

INTERVENTION NEEDS TO BE THERAPEUTIC, NOT PUNITIVE
CHILDREN’S HOSPITAL OF BOSTON, 2010
CHILDREN’S HOSPITAL BOSTON, APRIL 1, 2010, ‚PROPOSED BULLYING LAWS—DO THEY GO FAR ENOUGH?‛ PETER RA-
FALLI MD, PEDIATRIC NEUROLOGIST AND MASSACHUSETTS AGGRESSION REDUCTION CENTER PEDIATRIC ASSOCIATE.
http://childrenshospitalblog.org/proposed-bullying-laws-do-they-go-far-enough/
Given that studies show that both the bully and the victim are at increased risk for problems later in life, our
interventions need to remain more therapeutic than punitive.
NOTES:
212

CRIMINALIZE = RECORDS RATHER THAN DIPLOMAS
TRESTAN IN 2010
NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION. ‚WE NEED
TO CHANGE THE CULTURE‛ ROBERT TRESTAN, CIVIL RIGHTS COUNSEL FOR THE ANTI-DEFAMATION LEAGUE.
No one, regardless of age, is exempt from the current criminal laws. Passing new laws to criminalize bullying will
only lead to kids leaving school with a record instead of a diploma. It is not the solution.
NOTES:
 Nice little quote.
213

PEOPLE SHOULD ONLY BE CHARGED FOR CRIMES THEY INTEND
BUTLER IN 2010
Every tragedy doesn’t have to result in somebody going to jail. When people are punished, it should be for the
harm that they intend to do. If a bully crosses the line between freedom of speech, and invasion of privacy, or
harassment, those are the crimes he should be charged with, as is happening in the cases currently in the news.
NOTES:
 READ THE TITLE OF THE ARTICLE AS WELL
214

CRIMINALIZATION NOT THE BEST WAY TO PUNISH OR PREVENT
MARCUS IN 2010
Bullying should be taken seriously -- by teachers, administrators, parents and, yes, fellow students. I'm doubtful,
though, that criminal prosecution is the best way to punish or prevent it.
NOTES:
215

NOT A CRIME NICE QUOTE
MARCUS IN 2010
As a legal matter, this is not a crime. In a broader sense, it is nothing short of criminal.
NOTES:
216

TEENS (VICTIMS) DON’T THINK IT SHOULD BE CRIMINALIZED

NATIONAL CRIME PREVENTION COUNCIL; FEBRUARY 28, 2007; ‚TEENS AND CYBERBULLYING‛
http://surfsafety.net/Cyberbullying-Exec%20Summary-FINAL.htm
In teens’ views, the most effective way to prevent cyberbullying is to be able to block people who cyberbully from
communicating with the victims (71 percent). The next most effective methods, according to teens, include simply
refusing to pass along cyberbullying messages (62 percent), and telling their friends to stop cyberbullying (56
percent). Slightly more than five in ten teens (56 percent) believe that online groups and Internet service
providers (ISPs) should have moderators who can block cyberbullies’ messages. Forty-five percent of teens say
that parents should tell their kids that cyberbullying is wrong; 43 percent say that cyberbullying should be reported
to an adult. Unlike face-to-face bullying, teens do not view cyberbullying as an issue that should be addressed by
the school; in fact, they feel that much of customary school intervention (large assemblies, etc.) would be largely
ineffective
NOTES:

217

‚NOT SOMETHING YOU CAN LEGISLATE OR ARREST OUT OF‛
ADAMS IN 2010
CARALEE.
There is a flurry of activity in states to make tougher cyberbullying laws, but, "It's not something you can legislate
or arrest your way out of," cautions Stephen Balkam, chief executive officer of the Family Online Safety Institute
in Washington, D.C. "It's always going to be a combination of tools, rules, and schools. The emphasis needs to
be on creating a culture of responsibility online. Kids need to think about the content they create and post."
NOTES:
218

SHOULD NOT BE CRIMINALIZED
ADAMS IN 2010
CARALEE.
Many states are attempting to pass laws that dictate punishment for cyberbullying, but Balkam urges caution.
"State legislatures have to be careful not to criminalize what is a form of playground misbehavior," he says. "Do
we really want our kids to do time for stuff we did as kids but we put on notes and passed around the
classroom?"
NOTES:
219

S.C. RECOGNIZES LAWS WON’T DETER
KELLEY IN 2010
But all of the kids I’ve mentioned are 18 and younger. Research shows that at that age, the ability to understand
the long-term consequences of actions is not fully developed. In fact, earlier this year, the U.S. Supreme Court
acknowledged this. The Court ruled that it was unconstitutional to sentence juveniles to life in prison in non-
homicide cases without the possibility of parole. Deterrence is one of the principles of our criminal justice system.
Simply stated, kids won’t be deterred by more laws.
NOTES:
 GO HERE
220

LAWS RUIN LIVES, NOT SAVE THEM
KELLEY IN 2010
And what’s the point of ruining additional lives? I’m not saying that kids who bully should get off scot-free.
Rather, what I am saying is that ten years in prison is more likely to destroy a future than prevent bad behavior
on the part of others.
NOTES:

Syke Files December 2010

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1

BRIEF TABLE OF CONTENTS………………………………………….7

Bacon represents our top briefs, because bacon is delicious.

-Luke Morgan and Syed Shah

Facebook Fan Page: http://www.facebook.com/pages/SYKE-Files/133277680063382

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

HOUSE RESOLUTION 1966: MEGAN MEIER LAW

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

IDAHO STATE CODE

(1) No student shall intentionally commit, or conspire to commit, an act of harassment,

intimidation or bullying against another student.

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

NATIONAL CRIME PREVENTION COUNCIL IN 2009

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

21% of kids have received mean or threatening e-mail or other messages.

14% have received mean or hurtful comments online.

13% have been the subject of rumors online.

7% have had someone impersonate them online.

8% report receiving a threatening cell phone text.

5% have had a mean or hurtful picture posted.

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

As one victim of an insulting fake MySpace page put it:

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

CYBERBULLYING RESEARCH CENTER, 2010

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

CYBERBULLYING RESEARCH CENTER, 2010

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

HINDUJA AND PATCHIN IN 2007

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

SYKEFILES .COM RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE. PRO

AMERICA THE MAGAZINE IN 2010