Confront And Overcome Cyberbullying In Texas
The notion of bullying often conjures up mental images of schoolyard tormentors from one’s youth. In fact, it is not only students who suffer the effects of bullying, and bullying is increasingly prevalent online.
Learn how to identify and counteract cyberbullying that affects you, your family, your business or any community organization for which you have responsibility. Turn to Sternberg Law Firm for skilled legal counsel and practical applications of cyberbullying bans.
Examples Of Cyberbullying And How It Affects People Targeted By It
Internet defamation can come in the form of cyberbullying, which may appear as teasing, taunting or public shaming. It typically appears on popular social media platforms such as Facebook, Twitter, Instagram and TikTok.
Being the target of cyberbullying can affect a person’s mental health and reputation. This is true for people of all ages and occupations. Cyberbullying may be subtle or overt. Questionable content may fall in a gray zone between what is legal and illegal while still causing great harm.
Does the concept of free speech apply to cyberbullies? Court case outcomes provide evidence that the answer may be no when people suffer harm unfairly through cyberbullying.
How Sternberg Law Firm Can Help
Our legal team can help you identify cyberbullying, preserve evidence of it and devise suitable legal remedies, such as:
- Prosecution of civil rights violations, harassment claims and violation of protective orders
- Cease-and-desist letters and claims
- Defamation lawsuits and other methods for combating attacks on online reputations
- Removal of revenge websites and related content on the internet
Every cyberbullying case is unique. Customization is essential for putting a stop to cyberbullying and/or obtaining compensation or criminal justice.
Commonly Asked Questions About Cyberbullying
If you or your child is a victim of online bullying, you must take prompt measures that can protect your reputation and prevent your mental health from declining further. Here are answers to three questions that our clients frequently ask us about cyberbullying.
What legally constitutes cyberbullying in Texas?
Under Texas law, cyberbullying refers to using electronic communication devices, like computers, websites, or cell phones, to send text messages or emails or publish social media posts with the intent to harass, intimidate or bully a victim, thereby causing them harm or serious injury. While cyberbullying is often associated with minor students, it can also affect adults, professionals and business establishments.
For instance, a behavior that involves severe teasing, public shaming or the distribution of sensitive personal information can cross the line from poor digital etiquette into actionable civil harassment, stalking or defamation.
Can cyberbullying lead to criminal charges under Texas law?
Yes, it can. Texas takes online harassment cases seriously, particularly with the passage of Senate Bill 179 or “David’s Law,” which explicitly targets severe cyberbullying and allows for temporary injunctions against bullies. An offender may face criminal harassment charges under the Texas Penal Code, depending on the message’s nature. The law typically classifies this as a Class B misdemeanor, but circumstances can elevate it to a Class A misdemeanor.
If the cyberbullying violates an active protective order or involves the nonconsensual sharing of intimate visual material of a minor engaging in sexual conduct, the perpetrator may face serious felony charges.
Is cyberbullying protected by the First Amendment right to free speech?
While the First Amendment protects a wide range of expression, it is not an absolute shield for cyberbullies. Texas courts do not extend free speech protections to online behavior that constitutes a “true threat,” severe and pervasive harassment or defamation. Posting digital communications that unfairly inflict emotional distress, damage a professional reputation or incite harm can make the individual legally accountable for the damage they cause.
Turn To An Established Online Privacy Protection Lawyer Today
Attorney Paul Sternberg has been a leader in the field of online privacy and reputation management for years. He teaches continuing legal education (CLE) seminars on such topics. He is a published author of a book about managing one’s online reputation. He has a wealth of knowledge applicable to cases of cyberbullying.
To schedule a confidential initial consultation about cyberbullying, negative online reviews or revenge website removal in Texas, call our Houston office today at 713-789-8120 or send us an email inquiry online.