School Bullying Council

Anti-bully law could turn trolls into criminals

A bipartisan bill designed to stop online bullying has raised the specter of Internet censorship. The well-intended legislation, which has already passed through Arizona’s legislature, is drafted in a way that many feel could stifle political satire, friendly sports trash-talking, and other everyday types of communication.

Arizona House Bill 2549 currently awaits the signature of Gov. Jan Brewer. It basically takes Arizona’s existing law against annoying, offensive, harassing and threatening phone calls and broadens it to encompass anything online.

Comedy Central’s Indecision blog, which has a vested interest in free speech, noticed the law and remarked, “See if you can use your experience of having visited the comments section of any blog, on any site, at any time in the history of the Internet to spot potential problems in the legislation….”

Media Coalition, a trade group protecting the First Amendment rights of content industries, has been campaigning against the bill throughout the process. In a March 29 letter to Gov. Brewer it wrote: “Bill Maher’s stand up routines and Jon Stewart’s nightly comedy program, Ann Coulter’s books criticizing liberals and Christopher Hitchens’ expressions of his disdain for religion, Stephen King’s novels or the Halloween films all could be subject to this legislation. Even common taunting about sports between rival fans done online is frequently meant to offend or annoy, and is often done using salty and profane language.”

UCLA law professor Eugene Volokh is another who is making his concerns known. Explaining that the bill amounts to censorship and may even be unconstitutional, he wrote on his Volokh Conspiracy blog that telephones communicate on a one-to-one basis, so an offensive phone call is probably intended to be offensive to the listener. “But computers used to post Facebook messages or send Twitter messages or post blog items can offend some listeners while persuading and informing others,” he pointed out.

The body of the bill reads:
“It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person. It is also unlawful to otherwise disturb by repeated anonymous electronic or digital communications the peace, quiet or right of privacy of any person at the place where the communications were received.”

Reps. Ted Vogt and Vic Williams, both R-Tucson, are the main sponsors of the bill, with support from House Minority Leader Chad Campbell (D-Phoenix), Assistant House Minority Leader Steve Farley (D-Tucson) and Rep. Terri Proud (R-Tucson).

Related links:

Arizona House Bill 2549 – text of bill

Arizona House Bill 2549 – legislative history

Comedy Central’s Indecision – Arizona Bill Criminalizes Every Internet Comments Section, Ever

Comic Book Legal Defense Fund – Arizona Legislature Passes Sweeping Electronic Speech Censorship Bill

Phoenix Business Journal – Online bullying bill puts national spotlight on Arizona Legislature

Phoenix New Times – Arizona Legislature Apparently Trying to Criminalize Being Annoying on the Internet

Media Coalition – Arizona House Bill 2549: Bill to Censor Electronic Speech

Photo by Flickr user johnsnape, used under Creative Commons license

http://www.dmwmedia.com/news/2012/04/03/anti-bully-law-could-turn-trolls-into-criminals

(NewsCore) – WASHINGTON — Texas Republican congressman Lamar Smith on Monday suggested that President Barack Obama’s remarks about health care at a Rose Garden press conference came close to intimidation of the Supreme Court.

“I am very disappointed by our President,” Smith told FOX News Radio. “That comes very close to trying to intimidate the Supreme Court of the United States and I’m not sure that’s appropriate,” he added.

Earlier in the day at a press conference with Canadian Prime Minister Stephen Harper and Mexican President Felipe Calderon, Obama was asked about the consequences of the court ruling that his health care law was unconstitutional.

“Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected congress,” Obama said.

The president added, “I’d like to just remind conservative commentators that for years what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.”

Last week, the Supreme Court heard three days of oral arguments over the constitutionality of the law. The court is expected to deliver its ruling in late June.

Smith said the nine justices should be able to reach a conclusion without the “interference” of the president.

“It is not unprecedented at all for the Supreme Court to declare a law unconstitutional, they do that on a regular basis so it’s not unprecedented at all,” Smith told FOX Radio. “What is unprecedented is for the President of the United States trying to intimidate the Supreme Court.

“He should not be in any shape, form threatening the Supreme Court and making statements that are inappropriate or deemed trying to intimidate the Supreme Court.”

Utah Republican Senator Orrin Hatch also released a statement blasting Obama’s comments.

“It must be nice living in a fantasy world where every law you like is constitutional and every Supreme Court decision you don’t is ‘activist,’” Hatch said. “The President can try to blame the Supreme Court and the American people for their rejection of his signature domestic achievement, but he really has no one to blame but himself for enacting a law that effectively removes any limits on the power of the federal government.”

http://www.myfoxchicago.com/dpps/news/obama-accused-of-trying-to-intimidate-supreme-court-dpgonc-20120402-bb_18990140

Post Recommended

Washington Post reporters or editors recommend this comment or reader post.

http://www.washingtonpost.com/opinions/union-politicking-is-not-bullying/2012/04/01/gIQAxRzZpS_story.html

Your school administration

The first bullying resource for parents is their child’s school. Whether your child is a victim of bullying or is the bully himself (or you are just concerned about intimidation at the school), you should reach out to your school teachers, counselor and principal for help. If you don’t get satisfactory results or assistance, don’t hesitate to go up the chain of command to the superintendent and ultimately the state Department of Education.

StopBullying.gov

The government website, StopBullying.gov, can be a helpful resource to learn about bullying policies and laws. 49 states have passed anti-bullying laws. The website also includes tips on preventing bullying, responding to bullying and talking about bullying.

Read about when girls bully

No Kidding About Bullying (Book with CD-ROM)

Based on a nationwide survey of more than 2,000 students and their teachers, No Kidding About Bullying: 125 Ready-to-Use Activities to Help Kids Manage Anger, Resolve Conflicts, Build Empathy, and Get Along (Amazon, $26) provides educators, parents and youth leaders with a wide assortment of activities that can be used to help children to resolve their conflicts without resorting to anger or violence. Geared toward grades three to six, this book and CD-ROM features games, role plays, group discussions, art projects and language arts exercises. The lessons affirm the importance of respect and kind actions.

The Bully, the Bullied, and the Bystander (Paperback)

This international best-seller is a favorite among parents and teachers. The Bully, the Bullied, and the Bystander: From Preschool to High School — How Parents and Teachers Can Help Break the Cycle of Violence (Barnes Noble, $12) talks about topics from conflict resolution to the three kinds of bullying. This practical, compassionate book is aimed at helping the triad of bullying — the bully, the bullied and the bystander.

Read about bullying in schools

Stop Bullying: Standing Up for Yourself and Others (DVD)

This 20 minute DVD is short, but it provides very good information for kids. Featuring nationally acclaimed and Emmy-nominated youth speaker Mark Brown, Stop Bullying: Standing Up for Yourself and Others (Amazon, $40) uses personal experience to help provide students with concrete steps they can take to respond to bullying. It talks about the importance of respect and tolerance. This DVD is appropriate for junior high school and up.

Stand Up To Bullying (DVD)

This bullying DVD is essential for your little ones. Perfect for parents to watch with children ages 4 and up, Stand Up To Bullying (Amazon, $13) features Lucky Kat and Daren the Lion to address the topic of bullying. It talks about the different types of bullying and teaches children the best ways to respond.

The Bully Project

Another vital bullying resource for parents is The Bully Project. The Bully Project is highlighted by a documentary film, Bully, about bullying in our schools. Directed by Lee Hirsch, the film follows the lives of five students in Georgia, Iowa, Texas, Mississippi and Oklahoma who face bullying on a daily basis. The Bully Project is more than just a film — it’s a call to action and a tool to raise awareness about bullying. On The Bully Project website, you can find out more about the film and its stories, as well as tips and suggestions for parents, students, educators and advocates. Kids can share their own bully stories by posting stories, uploading photos or recording videos. You can also find out about new initiatives in school, communities and online. Watch the trailer below to learn more about the film. Bully releases in theaters March 30.

More about bullying

How a bully can change your life
Is your child being bullied at school?
Protecting kids from cyber bullying

The much-talked about documentary Bully hits select theaters on Friday. The film follows one year in the lives of bullied kids and their families.

I sat down with L.A. based psychologist Dr. Joel Liebowitz to talk about the issue. Liebowitz deals with children and teens and issues involving bullying, which he explains can carry long term effects on the victim akin to post-traumatic stress disorder. This obviously not only leaves lasting marks on the victim, but society as well.

Zorianna Kit: What makes this generation of bullies different?

Dr. Joel Liebowitz: I think ultimately there is no difference. The only addition to this generation is what we now call cyber bullying. There are electronic means of being anonymous and doing the same things that were done usually face to face. But I don’t think it’s any less or any more than it ever was.

ZK: Has the attitude towards bullying changed in our society?

JL: It’s beginning to change. When teachers and other administrators used to say, ‘Let the boys work it out; let the girls work it out,’ we know that is not realistic. Kids don’t have the tools very often to work it out, they don’t know how to deal with conflict resolution. In fact they don’t have the ability to do it. They need the administration. They need other professionals to teach them how. There has to be an attitude of zero tolerance so they all feel safe.

Schools — in many cases not enough — are beginning to understand there are liabilities that they didn’t appreciate before, both social and financial, if they do not address the issue.

ZK: Why didn’t this change happen sooner?

JL: I think the cultural attitude was such that kids will just work it out or ‘This stuff just happens, don’t make a big deal about it.’ So there was kind of a conspiracy of silence, not with intention to leave people at risk, but because it was just not recognized to have long lasting effects. Some kids who were bullied suffered loss of self-esteem and issues of relationship throughout their life as a result.

ZK: Do bullies know that they’re being bullies?

JL: The current thinking is that bullies mean to inflict emotional and physical pain. They expect the action to hurt and they take pleasure from the distress it causes. That is what we believe to be the case, typically. The bully is quite aware. It’s an imbalance of power. And the bullies understand that. Bullying also tends to be an ongoing event. It happens more than once and it happens over and over again. There’s a pattern.

ZK: Why does someone decide to bully?

JL: We used to think maybe they were kids with low self-esteem. But it’s not so. There are bullies that range from confident and sometimes popular kids who actually enjoy throwing their weight around and having a feeling of a sense of superiority over others. There are friendless loners who look for opportunities to bully when no one will stop them. There are all kinds of bullies. They don’t come in just one form.

ZK: Are we getting better as a society in handling this issue?

JL: I don’t think it’s getting worse. In fact, I think it’s much more clear to people that there is a real problem and it needs to be addressed. People are now becoming more conscious and more responsive in a way that they did not previously in other generations. It used to hide in the shadows but kids are becoming aware and bystanders are being more proactive. Administrations are being much more responsive. And while parents perhaps don’t always see or understand, I think they can be brought to an awareness through education, through intervention programs, and through media.

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