Posts Tagged ‘bullying’

September 14 roundup

North Carolina high court strikes down cyberbullying law

The North Carolina Supreme Court has struck down as unconstitutional the state’s recently enacted so-called cyberbullying ban [Scott Greenfield] The court noted that the “statute criminalizes posting online ‘private, personal, or sexual information pertaining to a minor'” even though “these terms are not defined by the statute.” And the definition urged by the state would restrict a potentially wide range of discussion of “personal… information pertaining to a minor,” at least when proceeding from prohibited “intent to intimidate or torment.”

Earlier, New York’s highest court said the similar law in that state could not pass First Amendment muster. And a Eugene Volokh amicus brief challenges Maryland’s cyberbullying law, which I criticized at the time of its passage three years ago.

Rhode Island attorney general pushes broad ban on hostile social media posts

Someone needs better advice about the First Amendment, and quickly: “Social media posts, sexually explicit or otherwise, that cause someone’s online embarrassment or insult, would become crimes under a set of bills being advanced by Rhode Island Attorney General Peter F. Kilmartin.” One of the bills “would target a wide range of social media activity that makes people ‘feel terrorized, frightened, intimidated, threatened, harassed, or molested.'” so long as it had been “made with the intent to cause emotional distress and be expected to cause distress in a ‘reasonable person.'” While previous “cyber-bullying” legislation required a pattern of conduct, “someone could be prosecuted under the new Kilmartin bill for a single post if at least two others pile on with ‘separate non-continuous acts of unconsented contact” with the victim.'” — meaning that the trigger for jail time over speech could be the actions of other persons. [Providence Journal] Two years ago the New York high court struck down an overbroad ban on so-called cyber-bullying.

Schools roundup

  • Libertarians warned about this: New Jersey’s broad “anti-bullying” law used to silence 15 year old student’s political tweets [Robby Soave, Reason]
  • “New proposal would put armed, retired cops in New Jersey schools” []
  • Chapters ostensibly agreed, though their leeway to refuse not clear: “University of Alabama quietly testing fraternity brothers for drugs” []
  • About time Congress noticed: Sen. James Lankford asking questions about Department of Education’s Dear Colleague letter [FIRE]
  • Schools vigilant against danger of grandparents reading aloud to class without background checks [Lenore Skenazy]
  • No helicopters in sight: German preschool/kindergartens send kids as young as three to camp in woods [WSJ]
  • Los Angeles and New York City school officials got same anonymous threat, but only L.A. closed schools [Ann Althouse]

Schools roundup

  • Has it gotten too easy to breach the ordinary protections of academic freedom by charging that research is unethical? [Alice Dreger, Retraction Watch; The Guardian with more on complaints against University of Queensland economist over Brisbane, Australia bus study]
  • “Good reformist energy in NYC to decriminalize student misbehavior. Big, unreported obstacle? School security guards are all NYPD personnel.” [Chase Madar on Twitter]
  • “What is Obama’s big idea regarding day care? Well, to make it even more expensive” [Nick Gillespie citing Abby Schachter]
  • “Why no one, but no one, trusts a campus sexual assault proceeding.” [Judith Shulevitz; Volokh (16 Penn Law profs)] Remarkable story of student investigated because he reminded woman of man who had attacked her thousands of miles away [Janet Halley/Harvard Law Review, see text between footnotes 23 and 24 near end, but interesting throughout] Two views of new advocacy film The Hunting Ground [David Edelstein, New York; Lizzie Crocker, Daily Beast]
  • We never followed up at the time on what happened in the 2008 Billy Wolfe bullying story out of Fayetteville, Ark., but suffice it to say it’s not flattering to New York Times coverage [Eighth Circuit 2011 opinion; earlier here, here, and here]
  • Quaker schools in United Kingdom resist mandate that all schools teach “fundamental British values” [Guardian] Non-Oxbridge universities to be brought into line rather sharply on teach-against-terror agenda [Chris Bertram, Crooked Timber]
  • How does your pension compare? “Nearly 5,000 [New York] teachers cashing in on six-figure pensions” [New York Post]

Schools roundup

  • Illinois school district warns parents that in doing investigations under new cyber-bullying law it may require students to hand over their Facebook passwords [Vice Motherboard; earlier on “cyber-bullying”]
  • Powerful, from Christina Hoff Sommers: how a shoddy NPR / Center for Public Integrity campus-rape study fueled legal fury of Department of Education’s Civil Rights Division [The Daily Beast; more, Bader] Nancy Gertner, retired federal judge and prominent progressive voice, on due process for college accused [American Prospect] Questions for New York Sen. Kirsten Gillibrand [KC Johnson, Minding the Campus]
  • Smith College: “the word crazy was censored from the transcript, replaced with the term ‘ableist slur.'” [Kevin Cullen, Boston Globe]
  • “Community College Courtesy of the Federal Taxpayer? No Thanks” [Neal McCluskey, Arnold Kling]
  • “Families Of Two Newtown Victims Sue Town And School Board” [CBS Connecticut via Skenazy; recently on suits against gun businesses]
  • More coverage of open records requests as way to go after ideologically disliked professors [Inside Higher Ed, our take last month]
  • Washington Post piece went viral, but it’s dead wrong: “No, A Majority of US Public School Students are Not In Poverty” [Alex Tabarrok] Look, a not-yet-published paper that claims to confirm something many of us want dearly to believe about school finance. But will it have the staying power of Prof. Hanushek’s? [WaPo “WonkBlog”]

Free speech roundup

  • “Court agrees that Google’s search results qualify as free speech” [Megan Geuss, ArsTechnica]
  • “Manassas detective in teen sexting case sues teen’s lawyer for defamation” [Washington Post]
  • Reports of SLAPP suit out of Chicago not quite as initially portrayed [Ken at Popehat]
  • Compelled-speech update: Lexington, Ky. anti-bias commission orders employee training for t-shirt maker that objected to printing gay-pride messages [, earlier]
  • “NY high court says anti-cyberbullying law won’t pass First Amendment muster” [ABA Journal] New Arizona law against sending naked photos without subject’s consent could criminalize many sorts of speech [ACLU]
  • UK scheme to muzzle nonviolent “extremists” just as horrid as it sounds, cont’d [Brendan O’Neill/Reason, earlier] Political director of U.K. Huffington Post calls for “sanctions” for press outlets that engage in “dishonest, demonizing” coverage of Muslims, immigrants, and asylum seekers [Guardian]
  • SCOTUS should hear case re: right to engage in political advocacy without registering with government [Ilya Shapiro and Trevor Burrus, Cato; Vermont Right to Life Committee v. Sorrell]

Labor and employment roundup

  • “Telling Employee He Is ‘Eligible’ For Bonus Not Enough to Create Contractual Obligation” [Chris Parkin/Daniel Schwartz; Connecticut appeals court]
  • Richard Epstein on Obama’s anti-LGBT-discrimination edict for federal contractors [Hoover “Defining Ideas”]
  • D.C. Circuit panel, Janice Rogers Brown writing, strikes down DC tour guide licensing scheme [Ilya Shapiro/Cato, WaPo, Orin Kerr]
  • “Why Progressives Shouldn’t Support Public Workers Unions” [Dmitri Mehlhorn/Daily Beast]
  • “James Sherk of Heritage on Members-Only Bargaining” [On Labor]
  • As discrimination law gradually swallows all else: “Rep. Keith Ellison wants to make union organizing a civil right” [MSNBC]
  • NY Senate committee gives approval to “workplace bullying” law. On thin constitutional ice? [Hans Bader/CEI, earlier]

UK local council spends $350K trying to unmask political blogger

In the North of England, “South Tyneside Council has abandoned its hunt for notorious blogger Mr Monkey after spending more than £200,000 of taxpayers’ cash.” [Chronicle] The widely read blog had made scurrilous charges against council members and others. “The authority said it had a ‘duty’ to protect staff and councillors against” what it called “cyber-bullying and harassment.” “Councils cannot sue for libel. Any action against the ‘Mr Monkey’ blogger could only be taken by named individuals.” [BBC] More: Daily Mail, Taxpayers Alliance.

“New York’s highest court strikes down cyber-bullying law”

We warned that there were First Amendment problems with the overbreadth of these legal proposals, and the New York Court of Appeals sees things the same way. [People v. Marquan M.; Volokh] Two dissenters would have cut down the scope of the law significantly and deemed the remainder constitutional, but the majority invalidated it in its entirety, whether applied to minors or persons of full legal age. We’ve earlier criticized cyber-bullying enactments and proposals in Maryland, Virginia and elsewhere.