April 9, 2014 9:28 PM
DENVER (CBS4)- A bill to criminalize cyberbullying comes to a sudden halt at the state Capitol after it was killed by its own sponsors.
While everyone agrees cyberbullying is wrong they can’t agree on whether it should be a crime.
“We’ve determined like most issues down here it’s not black and white, it’s complex,” said Sen. John Kefala, a Democrat representing Fort Collins.
The difficulty in combating cyberbullying was plainly apparent in the Senate Judiciary Committee. That’s where sponsors of a measure that would have made cyberbullying a misdemeanor crime in Colorado killed their own bill.
Part of the reason: they were facing mounting opposition from groups like the ACLU and Anti-Defamation League who called the bill “unconstitutional.”
“Sometimes there’s logic to stepping back for a moment and taking a breath,” said Kefala.
“I think it’s an embarrassment and shameful that this body could not address this very important and critical issue as it relates to harassment,” said Rep. Rhonda Fields, a Democrat representing Aurora.
Fields first introduced the bill in the House where it passed with overwhelming support. It was a different story in the Senate where free speech concerns gave lawmakers pause.
“We’re majorly concerned but at the same time we’re majorly concerned that we don’t overreact and over-criminalize,” said Sen. Lucia Guzman, a Democrat representing Denver.
“I feel constitutional arguments related to free speech are a red herring on this bill,” said Colorado District Attorneys Council spokesman Tom Raynes.
Raynes said no one has the right to speech that inflicts pain and damage even if it’s just a one-time post.
“The analogy I use is not sticking a picture on one locker but thousands of lockers all over the city at one time,” said Raynes.
Opponents said they want more study.
“Study what? What’s there to study?” said Fields.
She said while lawmakers study, cyberbullies continue to torment.
The Senate sponsors of the legislation say they will now introduce a bill that calls for a study of how cyberbullying should be dealt with in the criminal justice system.
