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Syke Files December 2010

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

NOTE: SYKE FILES WAS PUBLISHED IN THIS FORMAT WITH A PAPERLESS OPTION IN MIND. PLEASE, IF YOU INTEND TO PRINT OUT OUR FILES, READ THROUGH THEM AND ONLY PRINT OUT WHAT YOU THINK YOU NEED. THIS PACKET CONTAINS OVER 200 PAGES, AND WE DON’T WANT TO BE RESPONSIBLE FOR DEFORESTATION. THANK YOU. THE EARTH THANKS YOU AS WELL.

Licensing: Like Crossfire Briefs, we’re licensed on a school basis. What that means is that each school need only purchase one copy of the Syke Files, and they can share amongst themselves. Don’t share outside of your school. If we discover that you have shared your access to Syke Camp with someone who didn’t purchase access, we have the right to remove your access.

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Debaters and Coaches, Thank you for taking the time to check out the free inaugural edition of the SYKE Files. SYKE Files are published by Luke Morgan and Syed Shah. We’re both freshman at Indiana University, and graduated last year from Chesterton High School. Basically we just wanted to publish something to let everybody know what they could expect from us over the course of the years to come. We dedicated over 30 hours of work on these files over the last week alone to get them published and out to the debaters in time for tournaments. Our website, www.sykefiles.com, will be updated in the weeks to come with a forum, a blog, and an online store. Until that point, and after that, you can contact either of us on Facebook, through our Facebook fan page, or via our email addresses: sykefiles@gmail.com , luke@sykefiles.com, chssyed.shah@gmail.com, or s.luke.morgan@gmail.com. Our files will be available at a schedule to be announced on our website, but it will certainly be earlier than this month’s (in other words, before the first of the month.) A regular .pdf file will cost $18.00, and an editable .pub file will be available for an additional five dollars on that price. If there is demand, we will consider making a reduced file size (cutting out some of the less useful briefs) for a price reduced from $18.00. In addition to the files themselves, with each month’s purchase, you will receive access to the SYKE CAMP for that month, where we will be posting tips, thoughts from judging, brief updates, and be available for more individual attention. Our files should be fairly straightforward, but pay attention to the following symbol:

Bacon represents our top briefs, because bacon is delicious.

Once more thank you for your interest in SYKE files and good luck debating in December!

-Luke Morgan and Syed Shah

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

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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, Resolved: 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 necessarily 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 represent 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 subject 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. ENFORCEMENT LEANS CON. (Reason: CON can argue that school enforcement is ineffective/unconstitutional, and can argue that prosecutor 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 covering 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, criminalization 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 overcriminalization. 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 shouldn’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 important again!” With this topic, unlike many others, your first speech might be the most important. The topic features wide varieties 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 mainstream 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 opponents’ 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 arguments 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 opportunity 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 spreading so rapidly throughout the United States is because there is no effective way for us to currently punish the bullies. Many children 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 educators 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 conducted 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 enforcement 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 remember 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 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 SCHOOLS BETTER AT STOPPING BULLYING

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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 BETTER AT STOPPING BULLYING 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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12

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING DEFINITION
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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SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING ONLY BETWEEN TWO MINORS

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

A/T BULLYING ISN’T A CRIME

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010 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

SYKEFILES
IDAHO STATE CODE

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

http://law.justia.com/idaho/codes/2005/18ftoc/180090017a.html Idaho Code - 18-917A ACCESSED: NOVEMBER 29, 2010
(1) No student shall intentionally commit, or conspire to commit, an act of harassment, intimidation or bullying against another student.

NOTES:

17

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

A/T CYBERBULLYING IS KIDS BEING KIDS

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:

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SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

A/T VICTIM CAN LOG OFF

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

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

A/T CRIMINALIZE MEANNESS: HAS TO BE INTENT TO HARM

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 ACCESSED: NOVEMBER 30, 2010

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
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE

PRO

CYBERBULLYING INCREASING

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

ONE THIRD OF TEENS CYBERBULLIED

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

20% OF KIDS; 90% OF GAY STUDENTS BULLIED.

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 ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

BULLIES BECOME CRIMINALS

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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= ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ERB IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

90% OF STUDENTS HAVE HAD FEELINGS HURT ONLINE

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING STATS BRIEFS

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 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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING ANECDOTES

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

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

THREE MORE CYBERBULLYING ANECDOTES
WASHINGTON POST IN 2009
THE WASHINGTON POST (ASHLEY SURDIN) JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBERBULLYING.‛ PAGE A03 ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE

PRO

CYBERBULLYING LARGER THREAT THAN PREDATORS

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING MORE HARMFUL THAN TRADIONAL BULLYING

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

VICTIM: CYBERBULLYING WORSE THAN REGULAR

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING’S UNIQUE CHARACTERISTICS MAKE IT WORSE

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
PALFREY IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

TRADITIONAL BULLYING TRANSITIONING TO CYBERBULLYING

NEW YORK TIMES, SEPTEMBER 30—OCTOBER 1, 2010. ROOM FOR DEBATE EDITORIAL SECTION JOHN PALFREY, PROFESSOR 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 traditional bullying is declining—and transitioning to cyberbullying. Combine with the evidence that says that we need to deter future bullies.

39

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING MUCH WORSE: ANONYMITY

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING IS WORSE: UNINTENTIONALLY MEANER

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING WORSE: IT’S THERE FOREVER

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING WORSE: NO SAFE HAVEN

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING WORSE: NO SUPERVISION

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING WORSE: IT BREEDS MORE CYBERBULLYING

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

EFFECTS OF CYBERBULLYING WORSE

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

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

SYKEFILES
GILLESPIE IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING IMPACTS LAST LONGER THAN REGULAR

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW; ALISDAIR GILLESPIE. ‚CYBERBULLYING AND HARASSMENT OF TEENAGERS: THE LEGAL RESPONSE‛ VOLUME 28, ISSUE 2. 2006. ACCESSED VIA EBSCO. http://www.informaworld.com/smpp/ftinterface~content=a769690926~fulltext=713240928~frm=content ACCESSED: NOVEMBER 30, 2010

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 cyberabuse can sometimes last longer than that experienced through off-line abuse.

NOTES:

47

48

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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 coming later about how cyberbullying is worse than bullying when it comes to suicides, so there’s your A/T.

49

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING CAUSED FOUR SUICIDES IN FOUR WEEKS

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
BACKUS, 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

BULLYING HAS LONG TERM EFFECTS

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING AFFECTS SCHOOLWORK

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

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

SYKEFILES
SOURCE PREVIEW

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING CONSIDERED FELONY, = TO MAJOR CRIMES

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 ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

BULLYING = DEPRESSION AND SKIPPING SCHOOL

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING INCREASES BULLYING DEMOGRAPHIC

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

"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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
GILLESPIE IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING WILL CONTINUE

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW; ALISDAIR GILLESPIE. ‚CYBERBULLYING AND HARASSMENT OF TEENAGERS: THE LEGAL RESPONSE‛ VOLUME 28, ISSUE 2. 2006. ACCESSED VIA EBSCO. http://www.informaworld.com/smpp/ftinterface~content=a769690926~fulltext=713240928~frm=content ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

FEW STATES GIVE SCHOOLS CYBERBULLYING JURISDICTION

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS HAVE RIGHT TO INTERFERE WITH OFF-CAMPUS

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS HAVE RIGHT TO CURTAIL STUDENT SPEECH

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

In sum, these cases, and others interpreting Tinker, give schools fairly wide latitude to curtail student speech under the First Amendment.

NOTES:

66

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING A SCHOOL SAFETY ISSUE

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

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS BETTER AT STOPPING BULLYING

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE

PRO

SCHOOLS CENSOR OFF-CAMPUS SPEECH

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS OVERREACT AND SUPPRESS SPEECH

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

...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 reaction to cyberbullying/the lack of a cyberbullying law. That’ card is labeled as a link card under the OFFENSE ON CRIMINALIZATION Section.

71

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS SHOULD HAVE NO JURISDICTION

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
KALMAN IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOL PROGRAMS MAKE PROBLEM WORSE

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 ACCESSED: NOVEMBER 29. 2010

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

SYKEFILES
SCHWARTZ IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOL ENFORCEMENT FAILS BECAUSE THEY CAN’T USURP PARENTS

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 ACCESSED VIA LEXUSNEXUS ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

SCHOOLS FAIL TO STOP BULLYING

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
GOODNO IN 2007

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

STATUS QUO FAILS: INDIANA LAW CAN’T ADDRESS CYBER-CRIME

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 definition of bullying (repeated, intimidating behavior.)

77

SYKEFILES
BRENNER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

EXISTING STALKING AND HARASSMENT LAWS DON’T COVER

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
AUERBAC IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

A/T CYBERBULLYING IS A HARASSMENT CHARGE

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
SCHWARTZ IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

EXISTING REMEDIES INADEQUATE

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 ACCESSED VIA LEXUSNEXUS ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
SCHWARTZ IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CIVIL LITIGATION WILL FAIL TO STOP CYBERBULLYING

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 ACCESSED VIA LEXUSNEXUS ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
BARNETT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CIVIL DEFAMATION IS INADEQUATE, BUT POLICE AREN’T PUNISHING

QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PROPOSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
BARNETT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CYBERBULLYING CANT BE PUNISHED UNDER STATUS QUO

QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PROPOSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
A/T CIVIL LITIGATION
BARETT IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PROPOSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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 ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
GILLESPIE IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

JUSTIFIED TO INTERVENE IN THE INTERNET

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW; ALISDAIR GILLESPIE. ‚CYBERBULLYING AND HARASSMENT OF TEENAGERS: THE LEGAL RESPONSE‛ VOLUME 28, ISSUE 2. 2006. ACCESSED VIA EBSCO. http://www.informaworld.com/smpp/ftinterface~content=a769690926~fulltext=713240928~frm=content ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
TRESTAN IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LAWS INCENTIVIZE ACTION

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. http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29, 2010

Laws are necessary because they provide the impetus and incentive for people to act.

NOTES:

90

SYKEFILES
NEWSWEEK IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

45 STATES HAVE ANTI-BULLYING LAWS

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
YEUNG IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

PROSECUTION SENDS MESSAGE, VINDICATION OF LOSS

BERNICE YEUNG, THE CRIME REPORT, ‚GOING AFTER THE CYBERBULLY.‛ NOVEMBER 21, 2010. http://thecrimereport.org/2010/11/21/going-after-the-cyberbully/ ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LEGISLATIVE EFFORTS SHOULD BE APPLAUDED
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= ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
GRANT IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

THERE ARE EQUIVALENT ADULT CRIMES

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

SYKEFILES
SCHWARTZ IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

EXAMPLE OF HOW CRIMINALIZING SOLVES (LONG)

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 ACCESSED VIA LEXUSNEXUS ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
GROSSMAN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

NO LEGAL RESPONSE FORCES EXTRALEGAL VIGILANTE RESPONSE

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 ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
GOLDEN IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

BETTER TO CRIMINALIZE THAN TO MISUSE EXISTING LAWS

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/ ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
HENDERSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

FEDERAL LAW REQUIRED TO SHORE UP JURISDICTIONAL CHALLENGES

MISSOURI LAW REVIEW. SPRING, 2009. ‚NOTE: HIGH-TECH WORDS DO HURT: A MODERN MAKEOVER EXPANDS MISSOURI'S HARASSMENT LAW TO INCLUDE ELECTRONIC COMMUNICATIONS‛ ANDREW HENDERSON. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LINK CARD: LACK OF CYBERBULLYING LAW LEADS TO CENSORSHIP

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LINK: LACK OF LEGAL CLARITY LEADS TO SCHOOL OVERREACH

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BARNETT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LINK: LACK OF LEGAL CLARITY = SCHOOL INACTION OR OVERREACH

QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PROPOSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT ACCESSED VIA LEXUS NEXUS ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

CRIMINAL SOLUTION BETTER THAN SCHOOLS

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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 ACCESSED: NOVEMBER 30, 2010 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

SYKEFILES
LEVENSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

LAWS NEED UPDATED TO INCLUDE CYBER-CRIMES

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‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29,2010

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

SYKEFILES
GELB IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

THE LAW MUST EVOLVE WITH THE TIMES

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.‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
LAW IS INADEQUATE
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

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

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

BULLYING REGULATED, CYBERBULLYING IS NOT.

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

However, unlike incidents of traditional bullying, cyberbullying remains essentially unregulated in most states.

NOTES:

110

SYKEFILES
GRANT IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

TECHNOLOGY HAS JUST GOTTEN AHEAD OF LAWS

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

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

PRO

TECH OF BULLYING HAS ADVANCED PAST PREVENTION

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 ACCESSED: NOVEMBER 30, 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

CYBERBULLYING DEFINITION
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.

115

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING DEFINITION: ONLY BETWEEN TWO MINORS

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:

116

117

SYKEFILES
IDAHO IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

A/T CYBERBULLYING IS A CRIME IN IDAHO

IDAHO FOURTH DISTRICT COURT. ‚TRAFFIC CASE PROCESS‛ LAST UPDATED: NOVEMBER 29, 2010 http://www2.state.id.us/fourthjudicial/FOURTH%20DISTRICT/TrafficCaseProcess.html ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
GORDON IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

MEGAN MEIER CASE WAS NOT CYBERBULLYING

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
PATCHIN IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

REASONABLE THAT LEVEL OF HARM DETERMINES PUNISHMENT

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/ ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
LEVENSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

IMPOSSIBLE TO HOLD BULLY RESPONSIBLE FOR SUICIDE

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‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29,2010

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

SYKEFILES
BUTLER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SUICIDE TRAGIC, RARE, AND NOT CAUSED BY THE BULLY

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 http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/ ACCESSED: NOVEMBER 30, 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

SYKEFILES
BUTLER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BEING A JERK IS NOT A CRIME

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 http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/ ACCESSED: NOVEMBER 30, 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

SYKEFILES
MARCUS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SUICIDE IS NOT NECESSARILY A RESULT: PHOEBE PRINCE

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
GROSSMAN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

A/T PROSECUTORS WON’T OVER-PROSECUTE

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 ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
MCKENNA IN 2007

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

A/T CYBERBULLYING IS WORSE
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 cyberbullying is even worse than physical bullying.

NOTES:

127

128

SYKEFILES
NEWSWEEK IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BULLYING ACTUALLY GETTING BETTER

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
NEWSWEEK IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING HAPPENS 1/3 LESS THAN TRADITIONAL

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

MANY TEENS MESS UP; DESERVE SECOND CHANCE

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
MAGID IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BULLYING JUST A SOUNDBITE POLITICAL PANIC; NO REAL THREAT

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
MAGID IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BULLYING IS ON THE DECLINE

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
YEUNG IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

NO DIRECT CAUSATION TO SUICIDE

BERNICE YEUNG, THE CRIME REPORT, ‚GOING AFTER THE CYBERBULLY.‛ NOVEMBER 21, 2010. http://thecrimereport.org/2010/11/21/going-after-the-cyberbully/ ACCESSED: NOVEMBER 29, 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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING HAPPENS LESS THAN REGULAR

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

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 RESEARCH CENTER) VOLUME 14, ISSUE 3, 2010, PAGES 206 – 221 ACCESSED VIA ERIC EBSCO ACCESSED: NOVEMBER 29, 2010

‚As mentioned earlier, it is unlikely that experience with cyberbullying by itself leads to youth suicide. ‚

NOTES:

136

SYKEFILES
KAMINER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

FOCUS ON CYBERBULLYING DISTRACTS FROM REAL BULLYING

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/ ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING DOESN’T BOTHER THE MAJORITY OF VICTIMS
NATIONAL CRIME PREVENTION COUNCIL IN 2007
NATIONAL CRIME PREVENTION COUNCIL; FEBRUARY 28, 2007; ‚TEENS AND CYBERBULLYING‛ http://www.ncpc.org/resources/files/pdf/bullying/Teens%20and%20Cyberbullying%20Research%20Study.pdf ACCESSED: NOVEMBER 30, 2010

NOTES:

138

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

74% SAY THEY ARE NEITHER CYBERBULLIES NOR VICTIMS

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
BUTLER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BETTER WAYS TO ADDRESS CYBERBULLYING

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 http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/ ACCESSED: NOVEMBER 30, 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

SYKEFILES
PATCHIN IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING INCIDENT SHOULD BE HANDLED INFORMALLY

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/ ACCESSED: NOVEMBER 30, 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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS HAVE UNIQUE POSITION IN CURBING CYBERBULLYING

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

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

SYKEFILES
TIME IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS BETTER AT STOPPING BULLYING

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LESSON FROM SCHOOL ENOUGH TO CURB CYBERBULLYING

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

… 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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SUPREME COURT GIVES SCHOOLS RIGHT TO MONITOR STUDENT SPEECH

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

[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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOL CLIMATE NECESSARY TO REDUCE BULLYING

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

Evidence indicates and who including

suggests that the climate of a school is the key ingredient to reducing bullying behaviors. "Research that students who feel connected to their school, who think their teachers care about them and are fair, think the school rules are clear and fair are less likely to perpetrate any type of violence or aggression, electronic aggression."

NOTES:
 The last phrase is important in that it links it to cyberbullying.

148

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOL ANTI-BULLYING PROGRAMS EFFECTIVE

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

STUDENTS SHOULD BE EDUCATED ABOUT PROBLEM

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

"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

SYKEFILES
ERB IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOL ENFORCEMENT PREFERABLE TO CRIMINALIZATION

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ERB IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS ARE BETTER SUITED TO DEAL WITH CYBERBULLIES

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ERB IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

POLICE/COURTS DON’T HAVE TIME, SCHOOLS MORE PRACTICAL

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
BENNET IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOL PREVENTION PROGRAMS REDUCE BULLYING BY 50%

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
TURBERT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS AND PARENTS THE ONLY WAY TO SOLVE

SETON HALL UNIVERSITY LEGISLATIVE JOURNAL; ‚FACELESS BULLIES: LEGISLATIVE AND JUDICIAL RESPONSES TO CYBERBULLYING.‛ 2009 VOLUME 33, ISSUE 651. KEVIN TURBERT. ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
LEVENSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

EDUCATION IS THE SOLUTION, NOT CRIMINALIZATION

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‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29,2010

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

SYKEFILES
LEVENSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PROTECTION EDUCATION NEEDED

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‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29,2010

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

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SHOULD BE EDUCATING STUDENTS

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

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

SYKEFILES
NOWT NEWS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CIVIL LITIGATION BETTER THAN CRIMINAL

NOWTNEWS, ONLINE TECHNOLOGY NEWS WEBSITE. OCTOBER OF 2010. ‚US WEIGHS CRIMINAL OFFENSES FOR CYBERBULLYING‛ http://nowtnews.com/05674/us-weighs-criminal-penalties-for-cyber-bullying/ ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
KELLEY IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SOLUTION LIES IN CIVIL, NOT CRIMINAL, COURT

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 RESPONSIBLE 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

SYKEFILES
TURBERT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

TRUE CRIMES CAN BE PROSECUTED, CIVIL IS MORE REALISTIC

SETON HALL UNIVERSITY LEGISLATIVE JOURNAL; ‚FACELESS BULLIES: LEGISLATIVE AND JUDICIAL RESPONSES TO CYBERBULLYING.‛ 2009 VOLUME 33, ISSUE 651. KEVIN TURBERT. ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
AUERBAC IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

HARASSMENT LAWS INCLUDE CYBERBULLYING

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 ACCESSED: NOVEMBER 30, 2010

Since Internet postings may be analogized to telephone or written communication, harassment laws may be read to include cyberbullying.

NOTES:

165

SYKEFILES
MCKENNA IN 2007

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

STATUS QUO HAS PUNISHMENTS ALREADY

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

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

SYKEFILES
BRENNER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZATION WOULDN’T STAND CONSTITUTIONALLY

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
AUERBAC IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZING VIOLATES FIRST AMENDMENT

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
LEVENSON IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PROHIBITING MEAN WORDS WON’T PASS CONSTITUTIONAL MUSTER

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‛ http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29,2010

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

SYKEFILES
KAMINER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

ANTI-BULLYING LEGISLATION IS OVERBROAD AND ABUSIVE

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/ ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
NEWSWEEK IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

IMPOSSIBLE TO DISTINGUISH BETWEEN CRIMINAL AND CRUEL

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
YEUNG IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING RAISES PROBLEM OF CAUSATION

BERNICE YEUNG, THE CRIME REPORT, ‚GOING AFTER THE CYBERBULLY.‛ NOVEMBER 21, 2010. http://thecrimereport.org/2010/11/21/going-after-the-cyberbully/ ACCESSED: NOVEMBER 29, 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

SYKEFILES
AUERBAC IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PROSECUTION IS RARE AND DOESN’T COMPENSATE VICTIM

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
GORDON IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

STUDENTS WON’T REPORT CYBERBULLYING, PROSECUTION FAILS

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
GRANT IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

WOULD CRIMINALIZE 53% OF TEENS

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

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

SYKEFILES
GILLESPIE IN 2006

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PUNISHMENT WOULDN’T MATCH UP TO THE CRIME

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW; ALISDAIR GILLESPIE. ‚CYBERBULLYING AND HARASSMENT OF TEENAGERS: THE LEGAL RESPONSE‛ VOLUME 28, ISSUE 2. 2006. ACCESSED VIA EBSCO. http://www.informaworld.com/smpp/ftinterface~content=a769690926~fulltext=713240928~frm=content ACCESSED: NOVEMBER 30, 2010

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 reflect the severity of the crime.

178

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

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 ACCESSED: NOVEMBER 30, 2010

In one Calgary survey of middle school students, 41% of students who had been cyber- bullied didn’t know the identity of the person who was bullying them.

NOTES:
 Makes the law hard to enforce, right?

179

SYKEFILES
GROSSMAN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

ENORMOUS NUMBER OF AMERICANS WOULD VIOLATE TOS LAW

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 ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
MCKENNA IN 2007

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

HALF OF VICTIMS DON’T KNOW CYBERBULLIES

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

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

SYKEFILES
MCKENNA IN 2007

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LAW ENFORCEMENT BUSY WITH ‚REAL CRIME‛

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

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

SYKEFILES
BARNETT IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

STATUS QUO CRIMINAL LAWS INEFFECTIVE

QUINNIPIAC LAW REVIEW; 2009; ‚CYBERBULLYING: A NEW FRONTIER AND A NEW STANDARD: A SURVEY OF AND PROPOSED CHANGES TO STATE CYBERBULLYING STATUTES.‛ COLLEEN BARNETT ACCESSED VIA LEXUSNEXUS ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
BUTLER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

IF THERE ISN’T A LAW ON THE BOOKS ALREADY, NOT A CRIME

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 http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/ ACCESSED: NOVEMBER 30, 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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

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/ ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
BRENNER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING WOULD FLOOD THE JUSTICE SYSTEM

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
LUNA IN 2005

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

OVERCRIM. IMPACT: DISTORTS PURPOSE OF LAW ENFORCEMENT
American University law review. Erik Luna, Associate Professor, University of Utah College of Law “THE OVERCRIMINALIZATION PHENOMENON” October 3, 2005 ACCESSED: NOVEMBER 30, 2010 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

SYKEFILES
LUNA IN 2005

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

OVERCRIM IMPACT: LOSS OF RIGHTS, PROSECUTORIAL SUPREMACY

American University law review. Erik Luna, Associate Professor, University of Utah College of Law “THE OVERCRIMINALIZATION PHENOMENON” October 3, 2005 ACCESSED: NOVEMBER 30, 2010 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

SYKEFILES
LUNA IN 2005

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

OVERCRIM. IMPACT: MISALLOCATION OF LIMITED RESOURCES.

American University law review. Erik Luna, Associate Professor, University of Utah College of Law “THE OVERCRIMINALIZATION PHENOMENON” October 3, 2005 ACCESSED: NOVEMBER 30, 2010 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 going 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

SYKEFILES
LUNA IN 2005

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

OVERCRIM. IMPACT: ANCILLARY COSTS TO SOCIETY

American University law review. Erik Luna, Associate Professor, University of Utah College of Law “THE OVERCRIMINALIZATION PHENOMENON” October 3, 2005 ACCESSED: NOVEMBER 30, 2010 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

SYKEFILES
GROSSMAN IN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LINK: CYBERBULLYING CONVICTION = OVERCRIMINALIZATION

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 ACCESSED NOVEMBER 30, 2010

The case of housewife Lori Drew fits the hacking statute for impersonating a young Megan Meier, who killed herself after the overcriminalization and illustrates all of its
 

pattern perfectly. Drew was indicted under a federal anti- computer man on MySpace to gain the trust of an emotionally troubled teen, cruel joke spun out of control. The case contains all the hallmarks of 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

SYKEFILES
GROSSMAN 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

KINDNESS AND COMPASSION NOT ENFORCED BY LAW

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 ACCESSED NOVEMBER 30, 2010

But kindness and compassion are not things that our society enforces by law, nor could it do so.

NOTES:

193

194

SYKEFILES
SURDIN IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LINK CARD: SCHOOLS ENFORCE THE LAWS

WASHINGTON POST; JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBERBULLYING.‛ ASHLEY SURDIN PG. 103 ACCESSED VIA LEXUSNEXUS 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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS HAVE NO OFF-CAMPUS RIGHTS

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SCHOOLS TERRIBLE ENFORCERS, OVERSTEP BOUNDS

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LINK CARD: LAWS EMPOWER SCHOOL OVERREACH

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
SURDIN IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PREVENTION BETTER THAN PUNISHMENT

WASHINGTON POST; JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBERBULLYING.‛ ASHLEY SURDIN PG. 103 ACCESSED VIA LEXUSNEXUS ACCESS DATE: NOVEMBER 29, 2010

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

SYKEFILES
ZANDE IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CYBERBULLYING A WASTE OF COURT RESOURCES

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

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

SYKEFILES
SURDIN IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

FATHER OF CYBERBULLY SUICIDE VICTIM SAYS LAWS BAD IDEA

WASHINGTON POST; JANUARY 1, 2009; ‚IN SEVERAL STATES, A PUSH TO STEM CYBERBULLYING.‛ ASHLEY SURDIN PG. 103 ACCESSED VIA LEXUSNEXUS ACCESS DATE: NOVEMBER 29, 2010

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

SYKEFILES
NEWSWEEK IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

EXPERTS: PROSECUTION WORST POSSIBLE SCENARIO

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LAW IS NOT A DETERRENT

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 ACCESSED: NOVEMBER 29, 2010

There is longstanding research to show that law is not a deterrent to kids who respond emotionally to their surroundings...

NOTES:

204

SYKEFILES
NEWSWEEK 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LABELLING TEENS AS ‚CRIMINALS‛ HURTS IN LONG RUN

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 ACCESSED: NOVEMBER 29, 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

SYKEFILES
USA TODAY 2008

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

FOCUS ON CYBERBULLY ACTUALLY INCREASES CYBERBULLYING

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
YEUNG IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

BULLIES NEED INTERVENTION, NOT PROSECUTION

BERNICE YEUNG, THE CRIME REPORT, ‚GOING AFTER THE CYBERBULLY.‛ NOVEMBER 21, 2010. http://thecrimereport.org/2010/11/21/going-after-the-cyberbully/ ACCESSED: NOVEMBER 29, 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

SYKEFILES
PATCHIN IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

EXPERT: CRIMINALIZATION IS NOT THE BEST COURSE

MILLER-MCCUNE MAGAZINE. ‚PREVENTING CYBERBULLYING REMAINS TERRA INCOGNITA‛ JOHN GREENYA. http://www.wired.com/threatlevel/2009/09/cyberbullyingbill/ ACCESSED: NOVEMBER 30, 2010

‚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

SYKEFILES
BACKUS IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LEGISLATION INEFFECTIVE AND HEAVY-HANDED

MARY SUE BACKUS, ASSOCIATE PROFESSOR OF LAW, UNIVERSITY OF OKLAHOMA LAW SCHOOL. CASE WESTERN RESERVE LAW REVIEW, FALL, 2009. ACCESSED VIA LEXUSNEXUS. ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
NOWT NEWS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZING IS NOT A DETERRENT

NOWTNEWS, ONLINE TECHNOLOGY NEWS WEBSITE. OCTOBER OF 2010. ‚US WEIGHS CRIMINAL OFFENSES FOR CYBERBULLYING‛ http://nowtnews.com/05674/us-weighs-criminal-penalties-for-cyber-bullying/ ACCESSED NOVEMBER 30, 2010

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

SYKEFILES
PALFREY IN 2009

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZING NOT THE RIGHT APPROACH

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 ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

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 RAFALLI MD, PEDIATRIC NEUROLOGIST AND MASSACHUSETTS AGGRESSION REDUCTION CENTER PEDIATRIC ASSOCIATE. http://childrenshospitalblog.org/proposed-bullying-laws-do-they-go-far-enough/ ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
TRESTAN IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZE = RECORDS RATHER THAN DIPLOMAS
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. http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide ACCESSED: NOVEMBER 29, 2010

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

SYKEFILES
BUTLER IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

PEOPLE SHOULD ONLY BE CHARGED FOR CRIMES THEY INTEND

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 http://www.nytimes.com/roomfordebate/2010/09/30/cyberbullying-and-a-students-suicide/ ACCESSED: NOVEMBER 30, 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

SYKEFILES
MARCUS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

CRIMINALIZATION NOT THE BEST WAY TO PUNISH OR PREVENT

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 ACCESSED: NOVEMBER 30, 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

SYKEFILES
MARCUS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

NOT A CRIME NICE QUOTE

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 ACCESSED: NOVEMBER 30, 2010

As a legal matter, this is not a crime. In a broader sense, it is nothing short of criminal.

NOTES:

216

SYKEFILES

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

TEENS (VICTIMS) DON’T THINK IT SHOULD BE CRIMINALIZED
NATIONAL CRIME PREVENTION COUNCIL IN 2007
NATIONAL CRIME PREVENTION COUNCIL; FEBRUARY 28, 2007; ‚TEENS AND CYBERBULLYING‛ http://surfsafety.net/Cyberbullying-Exec%20Summary-FINAL.htm ACCESSED: NOVEMBER 30, 2010

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

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

‚NOT SOMETHING YOU CAN LEGISLATE OR ARREST OUT OF‛

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

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

SYKEFILES
ADAMS IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

SHOULD NOT BE CRIMINALIZED

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

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

SYKEFILES
KELLEY IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

S.C. RECOGNIZES LAWS WON’T DETER

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 RESPONSIBLE ADULTS” OCTOBER 10, 2010

http://elizabethkelleylaw.wordpress.com/

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 nonhomicide 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

SYKEFILES
KELLEY IN 2010

.COM

RESOLVED: CYBERBULLYING SHOULD BE A CRIMINAL OFFENSE.

CON

LAWS RUIN LIVES, NOT SAVE THEM

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 RESPONSIBLE ADULTS” OCTOBER 10, 2010

http://elizabethkelleylaw.wordpress.com/

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:

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