As part of my research I came across a great source, which provides a chart on all the different states and those states, which have enacted anti-bullying legislation. The source is from Cyberbullying Research Center.1 The website is a really good source because it lists all the pending legislation as well as those anti-bullying legislations that has passed so far.
But as far as the case law is concerned, as a preliminary matter, there’s no private right of action for cyberbullying. There’s a case in Nassau County, Finkel vs. Dauber,2 which has said the courts in New York should not recognize cyberbullying or internet bullying as a cognizable tort action.3 And there’s essentially a reason for that, because there exists other torts as well as constitutional claims, which victims of cyberbullying or bullying have available to them. I think anti-bullying legislation really imposes upon school districts obligations to create policies and procedures more as preventative measures. But the legislation is not necessarily private rights of action that you’re seeing plaintiffs use as far as trying to collect civil damages.