New Jersey Anti-Bullying Law Threatens First Amendment Rights on Campus
- "Second Chance for New Jersey to Protect Free Speech in Anti-Bullying Law," February 1, 2012: Following a state council's ruling that New Jersey's new anti-bullying law is an unfunded mandate in violation of the New Jersey Constitution, the Foundation for Individual Rights in Education (FIRE) notes that the law also violates college students' First Amendment rights. The law ignores the fact that harassment in the educational context has a precise legal definition, crafted by the Supreme Court with specific attention to balancing the right to freedom of expression with the government's interest in prohibiting real harassment. The law also conflicts with recent rulings on campus speech from the United States Court of Appeals for the Third Circuit, whose jurisdiction includes New Jersey.
