What actually constitutes bullying and how does the First Amendment come in to play?
What if one student calls another a “faggot” is that bullying?
What if one student pushes another student around and demand their lunch money, is that bullying?
What if a boy snaps a girl’s bra as she walks by, is that bullying?
To answer my questions from last to first… No, it could be sexual assault and at the very least it is assault. The second question is assault and robbery and the answer to the first question is maybe. That is where it starts to get into the grey area, while the other incidents might be labeled bullying they actually go way beyond bullying. Calling a person a name might not be bullying because the First Amendment freedom of speech it has to create an unsafe environment.
I was at a committee meeting where we were talking about tweaking the Connecticut anti-bullying law to fix the definition of bullying. What one group of lawyers proposed for the language of the bill another group shot down as infringing on the First Amendment.
So where does a person’s Frist Amendment rights end and bullying begins? Can a line be drawn in the sand?
On the government webpage “Stop Bullying” says,
If some student says to a gay student, “You are going to hell!” is that bullying using the definition?
What about if the student says, “You are a sinner!” and follows the gay student around repeating it, is that bullying?
Let’s see, is there a power imbalance? That is hard to pin down because it is not always visible, the gay student might be 6’ and 280lbs and the person making the comments might be 5’4”and 160lbs. But a power imbalance doesn’t have to be physical size and strength.
Is it repeated multiple times, yes.
Does it inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm, yes. Following someone around calling them names could inflict psychological, social, or educational harm.
If someone calls a person a “faggot” every time they see them is that bullying? Maybe. And that is the best that we can do because is repeated multiple times but does it inflict psychological, social, or educational harm? That might be debatable because it might fall under the First Amendment of stating their political beliefs.
What if one student calls another a “faggot” is that bullying?
What if one student pushes another student around and demand their lunch money, is that bullying?
What if a boy snaps a girl’s bra as she walks by, is that bullying?
To answer my questions from last to first… No, it could be sexual assault and at the very least it is assault. The second question is assault and robbery and the answer to the first question is maybe. That is where it starts to get into the grey area, while the other incidents might be labeled bullying they actually go way beyond bullying. Calling a person a name might not be bullying because the First Amendment freedom of speech it has to create an unsafe environment.
I was at a committee meeting where we were talking about tweaking the Connecticut anti-bullying law to fix the definition of bullying. What one group of lawyers proposed for the language of the bill another group shot down as infringing on the First Amendment.
So where does a person’s Frist Amendment rights end and bullying begins? Can a line be drawn in the sand?
On the government webpage “Stop Bullying” says,
In order to stop bullying before it begins, it is necessary to improve the consistency and comparability of data on bullying. The Centers for Disease Control and Prevention (CDC), the Department of Education (ED), and the Health Resources and Services Administration (HRSA) partnered with bullying experts to develop a uniform definition of bullying for research and surveillance. In January 2014, CDC and ED released the definition listed below:So does the definition pass the First Amendment test?Bullying is any unwanted aggressive behavior(s) [Their emphasis] by another youth or group of youths who are not siblings or current dating partners that involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. Bullying may inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm.
If some student says to a gay student, “You are going to hell!” is that bullying using the definition?
What about if the student says, “You are a sinner!” and follows the gay student around repeating it, is that bullying?
Let’s see, is there a power imbalance? That is hard to pin down because it is not always visible, the gay student might be 6’ and 280lbs and the person making the comments might be 5’4”and 160lbs. But a power imbalance doesn’t have to be physical size and strength.
Is it repeated multiple times, yes.
Does it inflict harm or distress on the targeted youth including physical, psychological, social, or educational harm, yes. Following someone around calling them names could inflict psychological, social, or educational harm.
If someone calls a person a “faggot” every time they see them is that bullying? Maybe. And that is the best that we can do because is repeated multiple times but does it inflict psychological, social, or educational harm? That might be debatable because it might fall under the First Amendment of stating their political beliefs.
We talk about this often (at school). It can be confusing. Especially for kids who think they're being funny.
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