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Missouri Law Review

2012

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Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells Jun 2012

Symposium: Cyberbullying: Emerging Realities And Legal Challenges: Foreword , Christina E. Wells

Missouri Law Review

Bullying and its effects concern many of us in the United States. As many as thirty percent of students in grades five through ten have experienced at least one bullying incident in a given year.] Studies further show that up to thirty-five percent of students have been the victims of cyberbullying - i.e., the use of online mediums to bully others. Most observers agree that this number is likely to rise. Such bullying physically and psychologically affects students. It can disrupt their education and cause depression, anxiety, self-harm, suicidal thoughts, and suicide attempts. After several highly publicized suicides, there appears …


Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer Jun 2012

Cyberbullying From Psychological And Legal Perspectives, Philip C. Rodkin, Karla Fischer

Missouri Law Review

In this Article, we begin Part II by a brief exploration of the history of bullying in social science research. Part III is a description of the ways that social scientists have attempted to define bullying, and by extension, cyberbullying. We pay particular attention to understanding the roles that the intentionality of the bully, the repetition of the problematic behavior, and the power asymmetry of the bully-victim dyad play in distinguishing bullying from other negative behavior. In Part IV, we track the relationship between bullies and their social worlds, noting that some bullies are marginalized within a broader peer culture …


Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage Jun 2012

Cyberbullying Victimization: Associations With Other Victimization Forms And Psychological Distress, Melissa K. Holt, Dorothy L. Espelage

Missouri Law Review

Cyberbullying has gained increasing attention over the past decade, in part driven by significant media coverage on this topic.' While media attention has increased, prevalence rates derived from national and local surveys indicate that cyberbullying is a less common experience among youth than traditional bullying. Nonetheless, a significant number of youth experience both cyberbullying and its deleterious effects, and additional research is needed to guide nascent prevention and intervention efforts. In particular, existing research does not clarify the extent to which cyberbullying overlaps with traditional bullying or other forms of victimization that children might encounter in their schools, homes, and …


How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia Jun 2012

How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia

Missouri Law Review

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …


Regulating Student Cyberspeech, Barry P. Mcdonald Jun 2012

Regulating Student Cyberspeech, Barry P. Mcdonald

Missouri Law Review

Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …