LA Times: "For students, a right to be mean online?"

RiderOfGiraffes · on Dec 14, 2009

Link to single page version:

http://www.latimes.com/news/local/la-me-youtube-schools13-20...

Question for those of you in the USA. Bullying seems to include taunts, gossip, malicious rumor, etc. Why is this not defended as "Free Speech"? How is the decision made that this piece of gossip is protected under free speech, but that piece of gossip is bullying, and hence illegal?

I'd appreciate some sort of guidelines to help my understanding.

ggchappell · on Dec 14, 2009

The Wikipedia article on "defamation" might be a good start.

http://en.wikipedia.org/wiki/Defamation

RiderOfGiraffes · on Dec 14, 2009

So, according to that, the school shouldn't suspend a student for bullying. Instead, the bullied child should take the bullier to court for slander.

Seems to me that with the alleged bullier pleading 1st amendment, the alleged bullyee has no choice but to go via the courts to obtain redress.

I really don't see how that can improve things, but it seems that it's the situation according to the law.