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Cyberbullying bill advances despite ACLU concerns Friday, Jan 19, 2007 By John Lyon Arkansas News Bureau LITTLE ROCK - A bill that would require schools to adopt policies against online bullying received the endorsement Thursday of the House Education Committee. The bill advanced despite testimony from an American Civil Liberties Union lawyer that the measure might not pass constitutional muster. House Bill 1072 by Rep. Shirley Walters, R-Greenwood, would amend an existing state law that requires the board of directors of every school district to adopt policies to prevent bullying of students. Walters' bill would add a definition of bullying and would expand the law to cover bullying "by an electronic act," whether on or off school grounds. Testifying for the bill, Kay Johnson, superintendent of the Greenwood School District, said the district suspended two students in 2004 over a Web site, operated from their home computers, that contained what school officials considered threatening material. The students, Justin Neal and Ryan Kuhl, sued the district in federal court, claiming their First Amendment rights were violated. U.S. District Judge Jimm Hendren decided for the plaintiffs and ordered school officials not to place anything in the students' academic records about the suspension. "If we had had specific policies in our handbook, it would have given us a better backup on our actions. We had, of course, bullying policies, but we didn't address it specifically from electronic devices," Johnson said. It also would have helped the district to have state law "backing up our actions," Johnson said. Walters said it would be up to local school boards to determine how cyberbullying should be punished. The bill would not take any powers away from school boards, she said. ACLU lawyer Holly Dickson testified against the bill, saying it might not withstand a court challenge. "There's a fine line between regulating bullying and ensuring that it's consistent with free speech rights under the First Amendment," she said. Dickson said the ACLU supports protecting students from online bullying but wants to be sure the legislation would pass muster if challenged. Walters met with Dickson during a break in Thursday's meeting and said she would continue talking with the ACLU to make sure the bill is consistent with the First Amendment. |
