It seems like today that we hear about bullying often in the news, either bullying in person at school over online over the Internet. Some of us may have children who have been bullied (or have done the bullying); we may have even been bullied as a child.
If a handful of cities across the country have their way, what one child does to another to intimidate, harass, or hurt could be a misdemeanor crime.
Officials in Carson, California have proposed a law that would criminalize bullying for school-age kids. This law is a reflection of one passed earlier in Milton, Wisconsin that has penalized bullying since 2010. Carson’s law would give authority to the arresting officer to reduce a bullying citation to an infraction, and would also punish parents who, after being warned about their children bullying, seemingly allow another infraction to take place.
The immediate question being raised from a legal standpoint is if this anti-bullying provision violates the First Amendment to free speech. While no one likes bullying, and few doubt the very real implications of bullying – especially for young children and teenagers – there is the concern that the provision being enacted in Carson is overly broad and vague, which would erode its chances of passing constitutional scrutiny.
This is particularly important, since the provision in Carson aims to combat bullying online, which gets into protected free speech territory.
The citizens of Milton, though, have so far avoided any major legal tangles over their bullying law. Their secret seems to be very limited enforcement for only severe cases, after warnings. They also seem to have widespread community support from schools, families and police officers to help the anti-bullying movement. Also, Milton’s law does not target parents of children accused of bullying.
Will bullying become punishable under the law in the future for communities throughout the United States? It’s hard to say, although it is clear that there are plenty who would advocate for such a solution, given how widespread the problem is. In Alabama, there have been anti-harassment policies created, including one signed into law back in 2009, but so far bullying is not a criminal offense as it is in Milton and Carson.
These case studies are important to watch because they could provide models for other municipalities that have contemplated additional steps to take in the fight against bullying.