Anti-bullying laws are getting out of hand.

“There ought to be a law” you might be thinking. No there shouldn’t.

New Jersey recently passed an anti-bullying law that went into effect September 1st. This law is another example of an overreach by government to address what is essentially a basic human issue.

Under New Jersey’s anti-bullying law, children can report other children to the police for bullying behavior.

This saddles schools with more regulation, reports to file, personnel to train, and dedicates ever-dwindling resources to ever-expanding bureaucracy.

At a time when governments are drowning in debt, adding hierchial guidelines that are pushed ‘down the line’ and reported ‘up-the-chain’ is the last thing we need right now.

Do Something!

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I can understand the desire to “do something” when you witness or experience a tragedy. But passing a law is one of the least effective, and counter-productive responses.

Look, laws are created to regulate the actions of the governed. I get it, you pass a law to discourage and punish certain behavior.

But laws need to be specific to have a chance of being practical and effective.

Passing a law against ‘hate’ is as effective as passing a law against ‘greed.’ Not very.

But, pass a law against punching another and you’ve dealt with one of the ways someone expresses ‘hate’ while respecting the human right to have emotion…which includes hate.

Pass a law against ‘theft’ and you’ve addressed one of the ways ‘greed’ is practised while respecting the human right to feel ‘greedy.’

Bullying creates a problem because it is subjective.

What is Bullying?

One definition is; “using superior force to influence or intimidate another.” Therein lies the problem.

This could define everything from the parent-child relationship to the governments actions.

It could describe teacher-student relationship, or interactions between siblings.

What is bullying to one person can simply be considered obnoxious to another.

Are You a Bully?

Who decides whether someone was bullied, or if someone is a bully?

This sets things up for more repression and pain down the road.

Where does this end?

The only way to avoid being a ‘bully’ is to be politically correct with what the majority demand.

It’s no longer is about basic human rights, it’s about appealing to the majority view – and that’s not freedom.

In other words, don’t speak out of line, don’t risk offending anyone and don’t create waves, thus; do nothing, say nothing, be nothing.

Look, I don’t like bullying behavior anymore than the next person.

But what I consider bullying behavior is going to be different than the next person.

How Do We Decide What Bullying Is?

It’s easy with a specific crime.

You grab my wallet without my permission. It’s a crime.

You punch me in the stomach. It’s a crime.

You call me a ‘pin head’ – is that a crime? What if you do it twice, is that bullying?

The slope is slippery, and where does it end?

I can’t read the news without learning about the numerous celebrities claiming to be victims of bullying.

It seems the majority of employees feel they have been the victim of bullying.

What About Teachers?

The principal who brings the student into his office for the fourth time to talk about their sub-standard grades (I can relate). Is that bulllying?

The principal is in a superior position, they are intimidating and attempting to influence the student to do what they want.

That sure seems like bullying to me.

The teacher who repeatedly berates the same student for not doing his homework – in front of the whole class no less. Yep, she’s definetly attempting to intimidate the student – she’s guilty of bullying.

And if the principal and teacher aren’t guilty, why is the student who continues to give Jane a hard time about her wardrobe choices?

“We’ll know it when we see it!” you might be thinking. Nope, the school district in New Jersey has to address every report.

We’ll have kids ratting on kids, calling the cops on people they don’t like.

We turn the schools into little prisons where kids are too scared to say or do anything, for fear of being reported, or having their record blemished by someone’s accusation.

And will colleges start asking for the bullying logs and other ‘inappropriate behavior’ reports on all students?

You see, it is already out-of-hand, and it needs to stop.

Laws work great for specific crimes. You hurt someone, not in self defense, it’s a crime.

You steal someone’s property. It’s a crime.

But, leaving a crime to the subjective criteria of an alleged victim, is a can-of-worms that is going to create continued chaos and an environment of fear and repression.

Schools used to be the bastion of freedom and expression. Now they have become the birthplace of political correctness and repression.

Anti-bullying laws are just another step in the flagrant repression of individual rights.

A Workable Solution

I don’t like criticizing without a solution, so here goes.

You don’t need a law, you need ‘balls.’

Here’s what I mean.

Instead of more laws, how about two simple guidelines for conduct in a school (these should be applied to our entire legal system)

1. Do all you have agreed to do

2. Do not encroach on other person’s or their property

(thanks and credit go to Richard Maybury for the above)

1 – Do All You Have Agreed To Do

Not hard to apply, create a School-Teacher-Parent-Student Agreement that is reviewed and agreed to at the beginning of each school year.

The agreement should have specific, measurable, concrete statements. Statements such as; “I agree not to lie” “I agree not to steal” would be acceptable.

Statements like “I agree to be nice” and “I agree to dress appropriately” would not be acceptable.

The agreement should cover roles and responsibilities for all involved, and be specific.

Next, the agreement should have a consequence(s).

Having a condition for when or if someone violates their agreement. If the student lies, what should happen?

If the students steals someone’s lunch money, what should happen?

And what if the school or a teacher violates the agreement, what should happen?

2 – Do not encroach on other person’s or their property.

We need to understand the definition of encroach: “To enter by gradual steps or stealth into the possessions or rights of another; to trespass or intrude. To gain or intrude unlawfully upon the lands, property, or authority of another.”

Bullying could be considered encroaching on another. The keyword is ‘could.’ As it requires the target of bullying to speak up and notify the offending party of the undesired behavior.

Once the offender is notified their unwanted behavior, they would be guilty of encroaching if they continued. Only in rare incidences should the target of bullying not have to notify the offender directly.

What the Anti-bullying laws do – like most laws – is remove the human element. That’s really what bureacracy is all about, removing the human or thinking element and dictating control from the top.

The uncertain and dynamic interaction between people is virtually impossible to legislate. What would normally be a process for people to figure out, get help, seek support and deal with – instead gets turned into paperwork and reports.

The Question is How

Anti-bullying laws create additional bureacracy in an already over-mandated school district whose focus continues to shift away from educating children, to complying with bureaucratic dictates.

Laws and Reports don’t stop bullying. Caring human beings seeking to uphold basic human rights do.

If I saw someone picking on someone else in a manner I felt was inappropriate, I’d step in and say something. I don’t need a law to tell me that.

Remain Vigilant!

David

• What Else Can We Do To Stop Bullying In Schools? [Bully] (jezebel.com)
• A look at recent state anti-bullying laws (seattletimes.nwsource.com)
• Christopher Emdin: 5 Reasons Why Current Anti-Bullying Initiatives Don’t Work (huffingtonpost.com)