Many of the most egregious acts of cyberbullying do not take place during school hours or on school networks, a situation that presents a dilemma for public school administrators: If they punish a student for off-campus behavior, they could get hit with a freedom of speech suit. If they do nothing, students may continue to suffer and school officials theoretically could get hit with failure to act litigation. For school administrators, it appears to be an unfortunate “catch-22.” For lawyers, it’s a “perfect storm,” pitting freedom of speech advocates against the victims of cyberbullying and schools that try to intervene. There are no easy answers in this arena, few laws, and no well-established precedents that specifically deal with cyberbullying.
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