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Imagine these two scenarios:
An anonymous blogger tags you
in every post on their infamous
blog full of lies and
misinformation (anonymous
blogging), or
A text or number shows up on
your cell phone from an
individual that can only bring
damage. You later learn that the
person never texted/called, but
rather it was done through a
mobile app from someone else’s
cell with ill intent (caller ID
spoofing).
To most, these types of
behaviors are unexplainable, incomprehensible and
seen for what they plainly and simply are: hurtful and
vile. However, in today’s society, hiding behind
technology has become not just
a child’s game, but one adults
engage in at alarming rates.
For some, it has become the
new normal and, unfortunately,
the laws have yet to fully catch
up.
In my eight years with the
IASA, not a week goes by that
we do not help an administrator
with these types of actions and
the effects of some sort of adult
cyber bullying and/or
harassment. Most websites and
research focuses on school-
aged cyberbullying and
harassment, with little focus on adult conduct and
actions. Most could understand why, right? One
would hope that once we reach adulthood we have
learned not to engage in such behavior. However,
research and practice paints a different picture.
So, what do we do?
The first step is to seek out assistance from both
the school district’s legal counsel, as well as through
our association. The starting point is a plan to deal
with the behavior. The next step is to review the
content for untrue and unsupported statements in an
attempt to build a potential case for defamation, libel
or slander. These types of lawsuits are often costly
and hard to litigate, especially given a school
administrator’s status as a public figure. The situation
is further compounded by the fact that most of these
bloggers hide behind anonymity.
Some recent court decisions have supported the
release of an anonymous blogger’s information where
the published material reaches a certain level of
harassment and/or defamation, but, again, this is
costly and time consuming. Illinois does have criminal
statutes that prohibit cyber harassment and cyber
stalking. However, this would require police and
state’s attorney involvement and the prosecution bar
is pretty high given the First Amendment and various
other statutory protections of public expression
against public officials.
This leaves our most common recommendation:
Rather than spend time and energy on the negative,
tell the other story by focusing your time and attention
on the good things that you and others in your school
district do each day to maximize the success of each
student. The goal is always to stay above the fray, to
take the high road.
The most heinous blogs almost
always self-implode due to their
absurdity. Work together with
shared community groups and
parents’ organizations to establish
the positive without directly
responding to and/or answering the
blogger’s misinformed nonsense. I
would love to report that this works
every single time, but, alas, it does
not. However, in the end, remember
this saying by Mark Twain, “Never
argue with stupid people, they will
drag you down to their level and
then beat you with experience.”
Without a doubt, there needs to
be more research and further expansion of the laws
pertaining to adult cyber bullying/harassment. Our
laws have yet to find a balance between First
Amendment rights and the general public’s right to
question the conduct of school administrators and
public officials versus the effect of blogs and actions
aimed to skirt the law and misinform the public. Until
that time, we have to continue to be the positive
stewards of public education and the outstanding
work you all do everyday.
We remain committed to partnering with you
through the process and our legal and
communications teams stand ready to assist when
necessary. As always, if you have any questions,
please do not hesitate to contact me.
By Sara G.
Boucek, IASA
Associate
Director/ Legal
Counsel
Legal reality of blogger & social media attacks