First Amendment and Proposed Restrictions on Bullying (and Cyber-Bullying) of K-12 Students

The U.S. Commission on Civil Rights held a briefing last Friday on bullying (and cyber-bullying) of K-12 students; there were many people speaking about various aspects of this question, and in particular about whether and to what extent the federal government should get involved. I spoke about the First Amendment issues created by broad “anti-bullying” or “anti-harassment” policies, whether imposed by the federal government or by state or local governments.

If you’re interested in this subject, you might check out the videos of the various panels here (see the main item, and the first three related items). My own brief presentation starts at about 20:23, with follow-up questions and answers at 57:35, 1:01:00, and 1:13:58. You can also look at the Department of Education Office for Civil Rights Dear Colleague letter to which I refer, and see my written testimony.

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