On July 2, a federal judge overturned guilty verdicts rendered by the jury against Lori Drew, 50, who was accused of participating in a cyber bullying scheme against 13-year-old Megan Meier, who later committed suicide. This case demonstrates why we need federal laws to stop cyber bullying, harassment and abuse.

The facts in the case were agreed upon even by Drew.  She set-up a MySpace account under an assumed name, “Josh Evans,” that was used by her daughter and an employee to harass, bully and abuse 13-year-old Megan Meier.  It is not clear what other actions Drew took to use or promote the use of the site.  After many attacks on Megan, the fake identity eventually encouraged her to commit suicide.  The three perpetrators would not admit who sent that message.

While that sounds straightforward and obviously wrong, and most people react with outrage, there are no Federal laws to prevent such attacks.  Since there are no laws making the cyber bullying, harassment and abusive actions of Lori Drew, her daughter and her employee a felony, prosecutors had to bring weak charges based on unauthorized computer access under the Computer Fraud and Abuse Act.

Despite difficulties in stretching the application of these laws to cover the cyber bullying, a jury found Lori Drew guilty of three misdemeanor counts in the case.  However, the judge overturned the jury and acquitted Drew of the charges.  Some of the arguments for the defense were: * The three bullies didn’t know the terms of agreement for setting up their MySpace account because they hadn’t read the MySpace contract they agreed to. * Stretching the laws to cover their actions could set dangerous legal precedents.

Even though we can follow the legal arguments, the sense of outrage still remains.

This situation makes an obvious case for the need for strong Federal anti-cyber bullying laws. If there were clear laws and stiff penalties against, for example, using sites to defame, embarrass, harm, abuse, threaten, slander or harass third parties the case against the three people would have been different.  In addition, we must not offer people anonymity or secret identities to attack other people online.

Of course these laws would infringe on free speech and some people’s desires to create secret identities online.  Which is more important, protecting adults and children against anonymous attacks or free speech?

In the case of the suicide of Megan Meier, had Lori Drew’s daughter accosted Megan in person, laying forth whatever complaints she had, saying whatever vindictive and nasty things she wanted to say, the situation would have been very different.  Megan would have been able to face her accuser.  She would have known her accuser’s personal agenda.  She could have argued or ignored the attacks.  But online attacks through a false identity are a very different matter.

Of course lawyers debate legal precedents.  But we all know the protection we’d want against anonymous people who put signs or graffiti on our homes or burn crosses on our lawns.  We clearly see the need to regulate these actions, even if they aren’t direct attacks with a deadly weapon.  Cyber bullying, harassment and abuse require the same regulation.

Lori Drew and her attorney are trying to drum up sympathy for her.  They say that she’s had to pay legal fees and move from Missouri due to the publicity and anger her family has faced.  They may not have envisioned the final consequences of their hoax, but once we go down the pathway of harassment, bullying and abuse, we can’t control the results.

As parents, this case also should make us question our children’s use of social networking sites like MySpace.  I always recommend drawing firm lines that encourage face-to-face friends and prohibit virtual friends, who, by definition, aren’t real friends.

According to numerous reports, a teenager was bullied at West Middle School in metro Denver.  The boy had pencils, markers and a calculator taken; he was called fat; he was called “gay” because he was involved in musical theater; because he was from musical theater, he was called a “Nazi.”  Eventually, he tried fighting back against his tormentors.  But he wasn’t big or strong enough and was beaten severely.  He suffered a broken collar bone and head injury.  The published picture of him is self-evident.  Now that the case has become public, the community is in an uproar and the Cherry Creek School District has responded by expelling the bully.  The bullied boy has reported that the bully threatened to beat him more when he returns.  Three other students, who also threatened to beat up the victim, have been required to sign contracts that they won’t harass the boy.  That’s nice of the school district to go that far. Of course the legal wrangling will go on for a long time.

There’s so much to say about this example of hostility, abuse and brutality.  I want to comment on only a few areas.

The adults failed.  Whether they blame the legal system or say they didn’t know; they failed. Since the severe beating happened at the end of November, don’t you think that every student in school knew what was happening? 

The parents of the bully and his collaborators failed.  They are supposed to know their children’s character and to stop their children’s bullying.

The teachers failed.  They are supposed to know who torments, abuses and bully’s another student and they are supposed to stop it.  They allowed a hostile, abusive environment to continue.  If the typical educational approaches don’t work rapidly, they are supposed to intervene in other ways.

The principal failed.  The principal is supposed to set a tone of zero tolerance.  The principal is supposed to be courageous enough to cut through the legal red tape and somehow stop bullies.  If the teachers don’t stop it, the principal is supposed to stop it and then get rid of those cowardly and/or ignorant teachers.  The worst beating happened at the end of November and the principal did nothing effective for three months until the story became public.

The administrators in the school district failed.  The administrators are supposed to be courageous enough to cut through the legal red tape and somehow stop bullying.  If the principal doesn’t stop it, the school district administrators are supposed to step in and then get rid of that cowardly and/or ignorant principal.  The worst beating happened at the end of November and the district administrators did nothing effective for three months until the story became public.

How can we hold up these teachers, principal and school district administrators as models for children?  They have failed as models.  Despite, or maybe because of, their colleges and universities, their degrees and certifications, their possible expertise in some course matter, they have shown themselves to be ignorant or cowardly or inept or all three.  They have failed the public trust and are unfit to be teachers, principal or administrators.

They should not be allowed to hide behind a poor legal system.  We all know that there are schools in the most violent locations in which courageous administrators, principals and teachers bullying.  And they do it in the face of the same.

The 14 year-old boy who was bullied has shown himself to be courageous.  He has succeeded.  At first he did what we all try to do.  We try accommodating in hopes that the bully will move on.  We ask bullies to stop; we take the bullying; we try to understand what lousy home lives we think bullies must have; we try to rise above it.  These tactics may stop many kids who are temporarily trying on bullying to see what it feels like, but those tactics don’t stop dedicated, relentless bullies.  They are not effective for teaching children to stop bullies at school.

Eventually that boy fought.  I say he succeeded because, even though he was severely beaten he did what was necessary to try to stop his tormentors.  He lost the fight but he emerges as the one person who is not a coward in this affair.  He can hold his head up high all his life.  He can keep his self-esteem.  He can judge the adults as cowards and failures.  I hope he is resilient enough to bounce back  and continues to resist to bullies the rest of his life.  I hope that when he becomes an adult with more choices, he creates a personal life that is bully-free.  Sometimes, a tormented teen can fight back and win – as in the case of the “Teen acquitted in punch.”

Of course, bullies will always exist .  America is not unique, nor are we the worst people in the world.  We are outraged and we will try to make better systems.  And more important, we still must train , seek and hire people who can act effectively, no matter how poor the system is at any moment.  And we must educate and prepare individuals to be as courageous as that 14 year-old boy.

Among other places, this story was carried by the Denver Post (Bullies called teen “Nazi” and “gay”), 9news (Student says he was bullied, beaten because he’s German), the Denver Channel News (Boy: School Bullies Harassed Him Because Of German Ancestry) and the Denver Post Neighbors Forum (Article Discussion: Cherry Creek teen may face bully in court).

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AuthorBen Leichtling
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Are your children and teens resilient?  Do they bounce back after they’ve been disappointed or faced hostility, bullies, abuse or trauma?  Are you resilient?  Do you know how to resist a hostile, abusive, controlling or bullying husband or wife?  Can you resist your self-bullying tendencies?  How about abusive, controlling or bullying friends, relatives or neighbors?  How about at work; hostile, abusive, bullying bosses, managers or co-workers?  Do you bounce back from getting passed over, terminated or fired from a hostile workplace?  You know – lies, yelling, cursing, back-stabbing, verbal abuse, demeaning insults, harassment, false complaints or accusations. According to a Newsweek article written by Mary Carmichael (The Resiliency Gene: A genetic variant may protect some abused kids from depression and other long-term effects) the National Institute of Mental Health is funding studies to find the genes associated with resiliency to hostility, abuse and trauma.  As a former practicing biochemist, I can say that, of course, we’ll find genes associated with almost every pattern of behavior.

But, I think it’s a dead end if we focus merely on the genetic expressions of what’s going on.

Why do I think it’s a dead end?  Because you end up thinking that either you have the right stuff or you don’t.  That belief won’t help your children develop strength of character or as much resilience as they can.  For example, contrast the behavior of the teen in cyber-bullying suicide case with the teen who was acquitted of punching a racist tormentor . . Worrying about the resiliency gene won’t help you be courageous either.  You’ll remain a victim; hoping the system can be made 100 percent safe and fair.  You’re better off thinking that you can develop the right stuff to protect yourself, to create a bully-free environment.  That approach to make the world totally and completely safe is being tried right now in our schools .

Resiliency is something that we’ve seen and studied throughout history.  For example, in their elegant studies of about 700 famous men and women (“Cradles of Eminence,” 1962), Victor and Mildred Goertzel, called the eminent survivors of childhood abuse and trauma, “The Invulnerables.”  Our history is full of men and women who failed and then bounced back, struggled and succeeded.

In my coaching of adults (including parents wanting to know how to help their children), I encourage them to focus on the “free will” aspects of their lives.  You have much more control over what you create in life right now, than you do over your genetics.  No matter what life throws at us, whether we’re subjected to natural disasters, large scale human destruction or individual family brutality and trauma, we all must struggle to rise above those events in order to create as great a life as we can.  We can take charge of our efforts  even though we can’t control the results.

Inspire your children by them to look back at their inheritance.  Think of what their ancestors must have lived through.  No matter what their ancestry, they come from an unbroken line of men and women who survived drought, flood, plague, famine, disease, war, uprooting, slavery, rape and every other form of disappointment, hostility, control, abuse, brutality and trauma known.  Everyone one of their ancestors survived long enough to make a baby who grew up to make a baby who grew up to make a baby … until they were born.  If one of their ancestors hadn’t grown up to do his or her part, they wouldn’t be here.  They have a legacy of survivors.

Also think of their mental and spiritual inheritance.  There must have been people who took in some of their ancestors and nurtured, encouraged and stimulated them; even though they weren’t blood relatives.  Despite all the abuse and trauma, here they are.  They have the legacy of survivors.  Stop worrying about their genes and start training them to be mentally, emotionally and spiritually strong.  Start helping them develop the discipline that’s worthy of all the struggle and effort that went into getting them here.

I remember the stories of what my grandparents went through in order to get here.  They didn’t have credit cards, cell phones, health insurance or own their homes.  How can I let them down by not living as gloriously as I can?  How can I let them down by not encouraging my children to do the same – no matter what their genetics has given them?

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AuthorBen Leichtling
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