65 Ark. L. Rev. 1001 (2012)
From LOL to Three Months in Jail: Examining the Validity and Constitutional Boundaries of the Arkansas Cyberbullying Act of 2011

handle is hein.journals/arklr65 and id is 1027 raw text is: From LOL to Three Months in Jail: Examining
the Validity and Constitutional Boundaries of
the Arkansas Cyberbullying Act of 2011 *
Following the lead of Lindsay Lohan, three Northwest
Arkansas teenage girls were arrested for posting messages
to a burn book on an anonymous Twitter account.' The
teenagers used the social-media outlet to publish harassing
and insulting messages about their classmates, causing one
student to miss class for three days.2 Just one month
earlier, on the other side of the state, an Osceola woman
created a fake Facebook account in order to harass her
daughter's ten-year-old classmate.3 Jennifer Ephlin, the
woman accused of creating the account, criticized the ten-
year-old's clothing and overall appearance, calling her fat.4
To make matters worse, Ephlin was a fifteen-year veteran
of the Osceola Police Department.' Unfortunately, stories
like these are becoming commonplace in modern times. As
more Americans gain Internet access, traditional societal
problems have increasingly migrated to online forums.
*The author gives special thanks to Brian R. Gallini, Associate Professor of Law,
University of Arkansas School of Law, for his comments, guidance, and unwavering
commitment to this note. For the reader who is unfamiliar with new-age Internet
jargon, LOL is a commonly used acronym in Internet chat rooms, social-media
websites, and other forms of electronic messaging, which stands for laughing out
loud. See D.J.M. ex rel. D.M. v. Hannibal Pub. Sch. Dist. No. 60, 647 F.3d 754, 758
(8th Cir. 2011) (The record reflects that 'lol' means the speaker is 'laughing out
loud.').
1.  Nichelle Sullivan, Three Northwest Arkansas Teens Arrested in
Cyberbullying Investigation, ARK. MATTERS (Jan. 26, 2012), http://arkansasmatters
.com/fulltext?nxd-id=503052. In the movie Mean Girls, actress Lindsay Lohan
portrays a high school student who, along with three other teenage girls, creates a
burn book where they write derogatory comments about each of their classmates
and teachers. MEAN GIRLS (Paramount Pictures 2004).
2. Sullivan, supra note 1.
3. Mike Suriani, Osceola Police Officer Accused of Cyber Bullying,
WREG.coM (Aug. 22, 2012, 6:43 PM), http://wreg.com/2012/08/22/osceola-police-
officer-accused-of-cyber-bullying/.
4. Id.
5. Id.
6. See T.K. v. N.Y.C. Dept. of Educ., 779 F. Supp. 2d 289,299 (E.D.N.Y. 2011).

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