Will 'emoticon defense' disprove cyberbullying?

INDIANAPOLIS (AP) Three Indiana girls accused of cyberbullying on Facebook are claiming that their use of emoticons proves they weren't serious about trying to kill their classmates.

But Internet experts say the so-called ``emoticon defense'' may not work because their actions could still be considered cyberbulling.

The American Civil Liberties Union filed a federal lawsuit on behalf of the eighth-graders this week. It claims the Griffith Public Schools district in northern Indiana violated the girls' civil rights when it expelled them on the basis of a personal off-campus conversation.

The ACLU school officials should have realized the girls were kidding because they included smiley faces and LOLs in the chat.

But children's online safety advocate Parry Aftab says cyberbullying is emotional harm and doesn't have to be actual threats.