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40 Rutgers L. Rec. 153 (2012-2013)
Regulating Student Cyberbullying

handle is hein.journals/rutglr40 and id is 132 raw text is: 

Rutgers Law Record


                         RUTGERS LAW RECORD

                         The Internet Journal of Rutgers School ofLaw | Newark
                                     www.lawrecord.com

Volume  40                                                                         2012-2013

                          REGULATING   STUDENT   CYBERBULLYING

                                 Hilary Schronce Blackwoodt


INTRODUCTION
I.  THE CURRENT   STATE OF THE LAW
   A.   Exceptions to Student Freedom of Speech
   B.   Student Cberpeech Cases
   C.   Tinker's Poor Fit in the Cyberbulying Context
II. CYBERBULLYING:  A UNIQUE   FORM OF BULLYING
III. NEW EXPRESSION  CAPABILITIES NECESSITATE  RECOGNIZING   A NEW
   CATEGORY   OF LOW  VALUE  SPEECH
   A.  Background: Low Value Speech Does Not Receive First Amendment Protection
   B.  Cyberbulying Should Be Deemed Low Value Speech
       1.  Four Leading Theoretical Bases
       2.  Accounting for Harm  of Speech in Determining Its Value
IV. EFFECTIVELY  AIDING AGAINST  CYBERBULLIES
   A.  Cberbulying Under Prong One of the Proposed Test
   B.  Cberbulying Under Prong Two of the Proposed Test
   C   Speech That Falls Short of Cberbulying Under the Proposed Test
CONCLUSION


153


tJ.D. with honors, University of North Carolina at Chapel Hill; B.A. with honors and distinction, Morehead-Cain
Scholar, University of North Carolina at Chapel Hill. My most sincere thanks to Professor Holning S. Lau for a year of
discussion, critical thinking, and guidance.


Volume 40


2012-2013

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