Are Florida's Bullying Overreaching?

Steven Zakharyayev Esq.

Abstract

In light of several highly publicized suicides caused by bullying, state legislatures have been pressured to enact tougher bullying laws to quell this pervasive problem. Remedies to this problem, however, are designed with the intent of regulating student expression, which can lead to vague and overbroad laws. Moreover, it is common amongst legislatures to enact laws that stretch the bounds of constitutionality when protecting children is the motivation. Part one of this paper will discuss the scope of permissible regulations schools may impose on student expression. Part two will discuss schools’ affirmative duty as federal recipients to ensure no student is denied equal access to education. Part three will discuss Florida’s regulation in terms of the overbreadth doctrine. Finally, part five will discuss potential resolutions to the conflicts discussed in the preceding section.