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Fordham Law Review

2013

Bullying

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A Web Of Liability: Does New Cyberbullying Legislation Put Public Schools In A Sticky Situation?, Matthew Fenn Apr 2013

A Web Of Liability: Does New Cyberbullying Legislation Put Public Schools In A Sticky Situation?, Matthew Fenn

Fordham Law Review

Bullying has long been a concern for students, parents, and schools. However, the explosion of communication technology has transformed the nature of bullying, allowing “cyberbullies” to extend their reach far beyond the physical schoolyard. This development creates uncertainty for schools, legislatures, and courts in assessing when and where schools should be permitted to regulate student behavior.

The growing number of tragic cyberbullying incidents, as well as national media coverage, has forced legislatures to take action. This has manifested itself in a number of different statutory forms and approaches. The most aggressive legislation appears to impose new duties on school districts …