Billy The Bully

When I was a kid, bullies were around and improper behavior in school got you sent to the vice principal’s office for an unpleasant “chat” that often ended with an introduction to the paddle that had holes in it so you knew by its whistle that it was about to hit your butt.  Less air resistance also made it hit harder.  If your behavior continued you could be suspended or expelled, and mom and dad got pretty upset about that with you.  You learned pretty quickly that your behavior mattered, and you better shape up.  Your parents cared and they came down on you for saying and doing thing you shouldn’t do.

Today we still have bullies and schools still deal with them, but now there is a new wrinkle.  One state so far has decided to pass a law that says if you are a bully, we will arrest you and convict you of a misdemeanor if you are over five years old…both you and your parents get the conviction on your record for the rest of your life.  Frankly, I don’t think it is going to be any better at stopping bullying.  But there is something else that is really troubling about the idea.

Our country was founded on the concept of free speech.  The only thing the court has said can abridge that is immediate and clearly definable harm, so if you yell fire in a crowded theater (and there isn’t one), that might get someone stomped to death and you don’t have that right of free speech to do that.  Bullying is free speech.  Does that trouble you as it does me?  There are literally a million ways you can bully and a million things you can say in a zillion different ways.  Who interprets what you say?  Am I a bully because I tell you that you are ugly and you sound funny?  Is that an immediate threat to your life?  What if I say I don’t like the dress you are wearing or your hair do?  Am I a bully?  Should I be dragged in front of a court judge?   What if I just laugh at something that happens involving you and you get offended?  What if I say you are stupid for wanting to vote for a democrat or a Tea Party candidate?  Putting something like this in the eye of the beholder is truly dangerous.  Free speech is a precious right, and frankly criminalizing it in such a vague way is terrifying to me.

We already have more people in prison in this country per capita than just about any other country in the world instead of solving things that often lead to criminality.  Criminalizing free speech is a serious risk.  Perhaps a little good parenting is in order for a change.