Essay: Cyberbullying and Freedom of Speech

Hudson Jr., David L.

Journal: New Mexico Law Review

Volume: 50

First Page: 287

Year: 2020

Bluebook Citation: 50 N. M. L. REV. 287 (2020)

Author: David L. Hudson Jr: all 10 publications


Abstract

Cyberbullying remains an issue of paramount concern to school administrators, legislators, parents, students, and others. Some have called it an epidemic and the scourge of our times. This essay examines cyberbullying from a First Amendment perspective by discussing both (1) cyberbullying laws and (2) court decisions dealing with cyberbullying. Cyberbullying laws fall into two general categories.

Those that are general criminal statutes and those that empower school officials to discipline students for code of conduct violations. This essay samples a few of these laws. The essay also examines court decisions dealing with cyberbullying – both criminal law and school law decisions.

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