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Millions of Americans experienced bullying at some point as a child. I personally experienced bullying between 5th and 8th grade when I went through a phase where I stopped growing up as much as out for a few years. Psychologically, I saw myself as a short, fat kid for years after, well into college when I was actually 6'3? tall and well built. The effects of bullying can be damaging and long lasting.

As a result, forty-nine states in the US have passed anti-bullying legislation focused on bullying that occurs at school. Georgia led the charge in 1999 when it was the first state to pass such legislation, while Montana lags behind the rest of the country and remains, at the time of writing, the only state in the union without anti-bullying laws.

There are no federal laws dealing specifically with bullying and harassment in schools, but the ?Safe and Drug-Free Schools and Communities Act? is part of the federal ?No Child Left Behind Act? of 2001. It provides federal support to the promotion of school safety programs, but does not specifically address bullying and harassment. While there is no specific federal laws, bullying may trigger responsibilities under one or more of the federal anti-discrimination laws enforced by the United States Department of Education?s Office for Civil Rights.

Nevertheless, legislating the schoolyard is not without its detractors. Some question whether anti-bullying legislation is truly meaningful or simply ?feel-good? legislation. Indeed, National School Safety and Security Services, an organization dedicated to making schools safer for children, suggests that underfunded state mandates that overemphasize one element of school safety may have the cumulative effect of actually reducing safety for children in other areas that lack specific state directives. Many legislative anti-bullying measures make certain requirements of schools, but do not provide funding to support those directives, meaning other programs may suffer.

While my personal experience with bullying was predominantly because I was a fat kid, another element of my experience related to the times and place I grew up: I was a white kid with an African-American step father growing up in a part of Florida that, at the time, was still quite ?southern? in its views on race. Modern anti-bullying laws have recognized that bigotry is often a source of bullying, as well, and have taken steps to respond. Modern targets of bigotry driven bullying tend to be those of middle-eastern descent, Islamic faith, and those with non-heterosexual orientations or gender identity issues. Many states have strengthened hate crime legislation to protect those of racial, ethnic, or religious minority status, and new laws are coming online each year to address crimes against those who identify as gay, bisexual, or as transgendered.

While my experiences with bullying generally took the form of public ridicule, humiliation, and school yard violence, I was saved from having these experiences follow me home. But, with the rise of the Internet, cyberbullying has become a very real problem for young people. Cyberbullying is the use of computers, cell phones, and other electronic devices and services to inflict emotional harm. Examples include threatening and insulting text messages, using social media to embarrass and intimidate victims, hacking computers and cell phones to steal and share embarrassing photos or messages, and so forth. Cyberbullying is especially heinous because the victim cannot escape the abuse and the harm can be far more far reaching than simply a nasty comment in the lunch room. For example, teenagers are being forced to take on new identities after nude and sexually explicit photographs and videos are posted on internet sites with their real names attached to it; a humiliation that can last indefinitely in the era of the Internet.

As a result, many states are now beginning to enact laws designed to combat cyberbullying. Extreme cases of cyberbullying might already be considered harassment or stalking in some jurisdictions, and could give rise to civil actions, as well. But many jurisdictions are looking at the possibility of creating specific laws targeted at cyberbullying specifically in order to best address its causes and ramifications.

Still, despite all of the legislation and public outcry over bullying, as a victim of it, I have to say that I doubt it will ever go away. And, perhaps, it should not go away. After all, the world is not an easy place to live, and I saw many of my peers stumble and fall with no means of getting up and moving forward because they had not learned the lessons of overcoming adversity the way that bullying taught me. And, I am not alone. Many well known athletes and celebrities talk about overcoming bullying as part of their path to success. Examples include Michael Phelps, Sandra Bullock, Chris Rock, Megan Fox, Justin Timberlake, Miley Cyrus, Bill Clinton, Tyra Banks, Rihanna, Tom Cruse, Jessica Alba, Howard Stern, Chirstian Bale, Eva Mendes, and many others. Do not misunderstand, I am not advocating for bullying, but rather, suggesting that overly harsh punishment and excessive emphasis on what is, at its heart, simply childish behavior may actually be a bigger crime than the bullying itself. Bullying should be handled as any other juvenile crime: with appropriate and measured punishment for improper behavior, not an overly-emotional reaction to a salacious headline.

If, however, you or your child is the victim of bullying, you should not simply ignore it and hope it goes away. Talk to school administrators; keep your child engaged in self-esteem building activities like sports, music, acting, or other group activities; and always be there to listen and support the victims of bullying so they know that no matter how bad it may seem now, it will get better and they are not alone. If bullying turns violent or crosses other legal lines, contact the authorities and consider speaking with an attorney, as well, about possible civil remedies you might have against the bully and his/her parents.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.