In his article for MSNBC, “Rules to curb online bullying raise concerns,” Alex Johnson discusses the need for laws to prevent cyberbullying and also details situations in which schools can overreact in the enforcement of those rules.  The case of teenager Avery Doninger is particularly glaring. The underlying thrust of the article is the need to create exactly the right laws that will give the right result in every situation.  Situations like the cyberbullying suicide case last year make good laws critical.

The real problem is not necessarily the law; it’s the hidden assumption that cyberbullying laws can ever be made “just right” for all situations – never too lax, never too harsh.  That assumption overlooks history and human nature.  The letter of the law can never cover all situations with “just right” justice.  We always depend on human wisdom in the law’s application to specific situations.  That’s just the way it is – for better or for worse.

Our society is in the stage of figuring out where we want to draw the lines about a new method, cyberbullying, that bullies and perpetrators use to harass, abuse and attack adults and children.  That’s our normal trial and error process.  There’s no easy answer for protecting kids online. Actually, we make laws in hopes that they’ll yield justice in, say, 95% of the cases that come up.  No matter what laws we make in any area of life, there will be specific situations in which a literal or dumb interpretation leads to an under or over-reaction.  That’s where we hope the individuals involved use good sense and good judgment.

In the case of Avery Doninger, the real question is: Is the law bad or did the school principal get defensive and over-react by not giving a second chance to a good and contrite student who learned an important lesson or is there more we don’t know about Avery?

We’re stuck with the fact that laws, by themselves, will never cover every situation, no matter where we draw the lines; whether it’s about cyberbullies, verbal bullies or physical bullies. I look carefully at the application of any law in a specific situation before rushing in to change the law.  Often the problem is in the application, not in the law itself.  That’s why we have Appeals Courts.

Separate from the general laws are the specific situations involving my kids and your kids (and adults).  My job is to monitor my children:

  • Do they look like they’re having a hard time and may be being attacked by a cyberbully?  Are they having difficulty dealing with it?  How can I help them deal with it by themselves or do I need to intervene?
  • Are they witnessing cyberbullying and are they struggling to know whether or how to intervene?
  • Are they creating a hard time for someone else (are they cyberbullies)?  How do I stop them and help them develop the character to make amends and do better next time?
  • Should they even be using MySpace or FaceBook or any social networking sites?  What else would be a better use of their time and energy?

I’m going to get my answers to those questions by observing them, talking to them and, maybe, using good software like PC Pandora to monitor what they’re doing (http://blog.pcpandora.com/2009/01/29/do-new-cyberbullying-laws-go-to-far/).

Cyberbullies and cyberbullying will be with us no matter what laws we make.  We hope the laws will help us deal effectively with most of them.

As I show in my books and CDs of case studies, “How to Stop Bullies in their Tracks” and “Parenting Bully-Proof Kids,” bullies are not all the same, but their patterns of behavior, their tactics, are the same.  That’s why we can find methods to stop most of them.  If we don’t stop bullies, they’ll think we’re easy prey.  Like sharks, they’ll just go after us more.

When children and teens learn how to stop bullies in their tracks, they develop strength of character, determination, resilience and skill.  They’ll need these qualities to succeed against the real world bullies they’ll face as adults. Coaching designed for the specific situations faced by individual parents and teenagers is critical.

What would you do if you were the principal of a school in which a boy’s brother records on his cell phone camera the boy getting out of the car, walking up to an unsuspecting Billy Wolfe waiting at a bus stop, punching him hard enough to leave a fist-size welt on his forehead and then showing the video around the school? What would you do when Billy gets beaten up in the bathroom or on the school bus or in shop class or in Spanish class or has a harassing facebook page directed at him?  What would you do if that violence and brutality went on for three years?

What would you do if you were the parents of the bullies?

In his column in the New York Times, “A Boy the Bullies Love to Beat Up, Repeatedly,” Dan Barry documents what really was done.  In Fayetteville, Arkansas, the authorities did nothing at all or nothing effective.  Mostly, they said it was Billy’s fault.  They blamed the victim.  The school bus incident was on tape but the Principal suspended Billy and only days later watched the tape and showed Billy’s parents that their son was innocent.

Because the authorities and administrators didn’t stop the bullies, it went on three years and it’s still going on now.

Of course, the school district mouths platitudes about a program to promote tolerance and respect, and protecting the identity of the perpetrators.  They try to convert bullies, but they don’t stop bullies first.  The district doesn’t want to get sued.  That seems more important than doing anything effective.  Maybe they’ll do something if Billy’s parents sue the district.

The kids at school all know what’s going on.  They know that the legitimate authorities have turned their backs and given the bullies a free hand.  When the responsible authorities allow bullies to control the turf, they allow violence and scape-goating, harassment and brutality.

Billy may have tried to fight back, but that doesn’t make him the problem.  That just makes him one child against a gang.  And with the size disparity that often happens in middle school and high school, he can’t win without adult help.  When his parents went to the schools, way back at the beginning when it was only threats, the district wouldn’t act.

Billy needs to be extremely resilient in order to graduate and create a better life for himself.  Otherwise he might end up like the cyberbullying suicide case that was in the news a while ago.

I’m sensitive to principals that don’t protect the victims because I’m from Denver.  Remember Columbine High School.  Have those ignorant, cowardly principals in Fayetteville not learned anything.  There are many schools in the country in which bullying isn’t tolerated because the principals won’t tolerate it and, therefore, their teachers and staff won’t either.  And they’re bound by the same laws as in Fayetteville.

Shame on those adults.  They have shamed their community.

If I was Billy’s coach, I’d encourage him to stay strong on the inside and keep fighting, no matter what happens on the outside.  Have the grit to thrive despite adults who fail!