There has been a spate of legislation showing up in legislative corridors from Oregon to New York which are called “anti-bullying laws.” I have serious objections to almost all of them. “Anti-bully legislation” that identifies specific protected groups is discriminatory itself. It makes possible for some bullying to be acceptable while bullying of certain other groups is prohibited.
New York State "anti-bullying legislation" is flawed for that very reason. It creates “protected classes” and is silent on other forms of bullying.
Bullying occurs not just against groups, but against individuals of no particular profile. Bullying should not be dealt with in the same way we deal with work place harassment or discrimination in housing. The psychology and pedagogy of childhood bullying goes beyond simple bigotry and cannot be changed through laws…at least not without encroaching civil liberties.
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The bills being proposed suggest that schools have the authority to encroach the family and to replace the parental choice with institutionalized punishments of the school. These permissive bills go so far as to encourage and allow schools to regulate children’s speech and conduct while in their homes!
The nanny-like tendency of our state legislators suggests that they will approve such measures without an intelligent analysis of long-term consequences.
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There are many reasons to oppose “anti-bullying legislation." Minimally, such laws should be amended to eliminate these pitfalls. It seems to me that the “anti-bully laws” create an environment for the following abuses:
· Anonymous tips encourage maliciously false accusation.
· Children are taught to inform on peers to the police.
· The definition of “bullying” typically is unreasonably broad in the legislation and non-physical bullying, such as offending a classmate, may be criminalized. If anything, it encourages over-reporting.
· The school claims a jurisdiction that is unreasonably broad, that is, for events that occur off school grounds.
· Parents frequently are excluded from all stages of due process.
· Enforcement of anti-bullying measures is an unfunded mandate, drawing money and time away from teaching. It creates a new bureaucracy of “make-work” government employees and consultants, not to mention a treasure trove for lawyers.
I oppose most anti-bullying legislation as presently constituted. Before waiving civil liberties in exchange for relatively small social value, the public should think long and hard before supporting the present versions of “anti-bullying laws.” The way our legislatures parry and thrust their legislation nowadays, they are the bullies themselves. I believe it better to recoup personal responsibility and raise children to be kind to all. I do not excoriate children’s spirit of frank and free expression.
Most of all, I don’t want the State set the terms of engagement.
