Remember the good old days when bullies were easy to spot? There were your typical types: the guy who hung out near the cafeteria waiting to steal your lunch money or the cool guys who smoked in the bathroom waiting to give you a whirl when you walked in. It is not surprising that with the dawn of the new age (the age of technology), bullying has a new face, or lack thereof. Cyberbullying has become the new modern way of torturing others. No matter where you go, what you do, your stalker follows you. Worst part? You may never find out who your stalker really is.
Cyberbullying is defined as being mean to others by sending or posting harmful material over the Internet or any other electronic device (Blackberry, cell phone, etc.). Cyber bullying differs from traditional bullying because with the use of modern technologies, stalkers can harass their targets 24/7. Your stalker’s face may never be seen because stalkers can remain anonymous online. Also, the lack of parental supervision over modern technologies makes it difficult to catch bullies. There are many obstacles to stopping cyber bullies, namely: the lack of laws and the freedom of expression guaranteed by the First Amendment. This article will identify the types of speech that are not protected and can lead to prosecution.
Instead of a few kids at school harassing their favorite targets in the hallways or cafeteria, cyberbullying allows bullies to post nasty messages all the time. These torturers can also create websites about their targets for the world to see online. With the use of cell phones and computers, children can be connected anytime, anywhere, which also means their pursuers have the unique ability to follow them wherever they go. Sixteen-year-old “Shelia” describes being at her grandmother’s house over the weekend and then logging into her AIM (AOL Instant Messenger) account. She was immediately inundated with vulgar messages accusing her of sleeping with guys she didn’t even know.
Cyber bullying is often described as a ‘cowardly’ form of bullying because the bully can remain anonymous online. Online, the weakest child can become the biggest bully because his actions are inconsequential. These high-tech stalkers believe they can’t be held accountable for things they post online because online messages are often hard to track. Many bullies are unwilling to accept punishment, even when caught, claiming it wasn’t them and hiding behind the possibility that someone else is logged in with their screen name.
The anonymity of online activity allows people to feel uninhibited, causing many people to act in ways they never would face-to-face. A 2007 survey by the Media Awareness Network found that 60% of students ages 13 to 18 had pretended to be someone else online. Of the students who pretended to be someone they were not, 17% of them did so because they could say mean things and get away with it.
Cyberbullying is unique because, unlike traditional bullying, you would have to wait until a parent was not present to witness the attack. Cyberbullying can be done in private. Computers are often in teens’ bedrooms, text messages can be sent via cell phone faster than the blink of an eye. It is almost impossible to monitor all the technology available to teens.
The two main obstacles to stopping cyberbullying are the lack of laws and the delicate balance between freedom of expression and bullying. There are currently no laws against cyberbullying. Schools have policies on bullying that cover written or verbal harassment, but only during school hours. Many schools are hesitant to pass policies on cyber bullying because it could be seen as infringing on students’ First Amendment rights. In this case, the First Amendment is a double-edged sword: it protects speech but limits the school’s ability to place restrictions on “freedom” speech.
However, there are several types of speech that are not protected by the First Amendment. The following types of speech can lead to arrest and prosecution.
* engage in coercion – Trying to convince someone of something they don’t want to do.
* threats – Send someone threatening messages to harm them.
* hate crimes – For reasons of race, ethnicity, religion or gender orientation.
* Creating or sending someone sexually explicit material or messages – this includes text, images and graphics.
* sexual exploitation – Taking a photo of someone where privacy is expected (in a bathroom, locker room, etc.)