Evading the Schoolhouse Gate: Public Schools (K-12) and the Regulation of Cyberbullying

Lee, Philip

Journal: Utah Law Review

Volume: 2016

Year: 2016

Bluebook Citation: 2016 UTAH L. REV. (2016)

Author: Philip Lee: all 8 publications


Abstract

Cyberbullying has received increasing societal attention in the aftermath of the tragic suicides of some of its youngest and most vulnerable victims. In this Article, I have argued that cyberbullying is so harmful, in and of itself, that it should be afforded diminished First Amendment protections. I have also advocated for a narrow definition of cyberbullying that incorporates the three elements of the prevailing social scientists’ definition of “bullying” as it relates to cyberbullying: (1) intent to harm; (2) repetition; and (3) power imbalance between cyberbully and victim.

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