MISSOURI — Gov. Matt Blunt signed
legislation today that
aims to fight cyber-bullying by updating the state's current harassment and stalking laws to include communication
over the Internet and through other electronic means.
"We must take every step possible to protect our youth and to punish those
who want to bring them harm," Blunt said in a written statement. "Social
networking sites and technology have opened a new door for criminals and bullies
to prey on their victims, especially children."
The bill clarifies the definition of unlawful harassment to include
electronic communication and expands stalking to include two or more acts
through any means of communication. Harassment is defined as any intentional
conduct that without good cause "frightens, intimidates or causes emotional
distress."
The law also requires school boards to implement a written policy requiring
administrators to report harassment and stalking committed on school property to
local law enforcement. This includes any communication over the Internet or
through text messages while on school grounds.
Laura Rosenbury, a law professor at Washington University in St. Louis,
said she believes the bill as written will stand up to First Amendment
challenges. She compared the bill's definition of harassment to that of federal
workplace harassment statutes, but noted Missouri's harassment definition is
broader.
"Ultimately, it would be upheld unless school officials and police
interpret it broadly," she said. "It's up to the discretion of officials and
that's where there's a potential to chill protected speech."
Blunt signed the bill near the neighborhood where 13-year-old Megan Meier
committed suicide after receiving cruel messages over the Internet.
Megan's former neighbor, 49-year-old Lori Drew, was indicted last month in
Los Angeles in connection with the case. She allegedly created a fake profile of
a 16-year-old boy named Josh and used the profile to find out why Megan wasn't
friends with her daughter anymore. After several months of friendship with
"Josh," Megan began receiving messages calling her names and saying Josh no
longer wanted to be friends with her because she was not nice to her friends.
The last message she received from Josh was the night before her death, which
said "the world would be a better place without you."
Since Megan's death, several states have taken up legislation to update
harassment laws to include advances in technology. Missouri's law also increases
penalties for such harassment from a misdemeanor to a felony if the act is
committed by someone 21 or older against a minor who is 17 or younger.
Doug Abrams, who was on the task force that designed the bill, said
harassment and stalking statutes that do not cover Internet communications are
"insufficient" in the protection that they provide.
"The Internet is a toy for some kids, just like a car is a toy for some
kids," said Abrams, a law professor at the University of Missouri. "They don't
realize how utterly destructive it can be to target someone else with this
toy."
Adam Goldstein, attorney advocate for the Student Press Law Center, said
making it criminal to cause emotional distress to a teenager is too broad of a
standard. For instance, even breaking off a romantic relationship online could
be an intentional act causing emotional distress.
"As the axiom goes, hard cases make bad law, and in this case, very hard
cases make very bad laws," Goldstein said.
By Jimmie Collins, SPLC staff writer