“Some things it punishes, such as threats and believable impersonation, are indeed properly punishable,” he said. “This proposal is a very bad idea, and likely unconstitutionally vague and overbroad,” said Volokh, who reviewed a copy of the proposed ordinance. He said McGirr’s ordinance could conflict with free speech rights. UCLA law professor Eugene Volokh specializes in First Amendment and cyberspace law. McGirr said his definition of bullying is narrower than what was proposed in Carson, and his ordinance wouldn’t penalize children. Opponents criticized the ordinance as too vague in its definition of bullying and said it could stigmatize children accused of bullying. In May, city officials in Carson failed to pass an anti-bullying ordinance that would have punished children and their parents. The law requires school districts to adopt anti-bullying policies and school officials to intervene when they witness bullying. The state education code addresses bullying at school. “It has to start locally, and we have to send the message out there.” “It’s always been an issue that bothered me,” said McGirr, who’s running for re-election in November. When he was a child, McGirr said a fellow student would flick his ears, throw him against lockers, spit in his food and shoot him with a BB gun. A recent assault of a teenage boy by two other teenagers in Ladera Ranch also spurred McGirr to act, he said. McGirr said he decided to draft the ordinance after watching a YouTube video of Amanda Todd, a 15-year-old Canadian girl who said she was bullied. It specifically includes cyberbullying, such as posting harmful messages on social media. The ordinance, drafted by McGirr, a civil attorney, would impose a fine on parents or guardians whose children bully other minors physically, verbally or psychologically. RANCHO SANTA MARGARITA – Mayor Pro Tem Brad McGirr plans to introduce an ordinance Wednesday that would make Rancho Santa Margarita the first city in California to outlaw bullying.
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