Search Results for ‘cyberbully’

North Carolina high court strikes down cyberbullying law

The North Carolina Supreme Court has struck down as unconstitutional the state’s recently enacted so-called cyberbullying ban [Scott Greenfield] The court noted that the “statute criminalizes posting online ‘private, personal, or sexual information pertaining to a minor'” even though “these terms are not defined by the statute.” And the definition urged by the state would restrict a potentially wide range of discussion of “personal… information pertaining to a minor,” at least when proceeding from prohibited “intent to intimidate or torment.”

Earlier, New York’s highest court said the similar law in that state could not pass First Amendment muster. And a Eugene Volokh amicus brief challenges Maryland’s cyberbullying law, which I criticized at the time of its passage three years ago.

Maryland’s speech-chilling new “cyberbullying” law

I’ve got a short critique up now at Cato (earlier on the topic here). Proponents styled the enactment “Grace’s Law,” after a Howard County teenager who committed suicide; here’s Radley Balko on why “Laws named after crime victims and dead people are usually a bad idea.” While I believe the courts will eventually get around to striking it down, in the mean time the law will operate to chill some online speech.

P.S. Some recent thoughts from EFF’s Hanni Fakhoury on how laws can address the problem of harassment without being speech-unfriendly.

August 3 roundup

Crime and punishment roundup

Schools roundup

  • Libertarians warned about this: New Jersey’s broad “anti-bullying” law used to silence 15 year old student’s political tweets [Robby Soave, Reason]
  • “New proposal would put armed, retired cops in New Jersey schools” []
  • Chapters ostensibly agreed, though their leeway to refuse not clear: “University of Alabama quietly testing fraternity brothers for drugs” []
  • About time Congress noticed: Sen. James Lankford asking questions about Department of Education’s Dear Colleague letter [FIRE]
  • Schools vigilant against danger of grandparents reading aloud to class without background checks [Lenore Skenazy]
  • No helicopters in sight: German preschool/kindergartens send kids as young as three to camp in woods [WSJ]
  • Los Angeles and New York City school officials got same anonymous threat, but only L.A. closed schools [Ann Althouse]

Ninth Circuit raps prosecutors’ use of press clip

Was the L.A. Times’s reporting manipulated in hopes of helping federal prosecutors win a case? If so, the effort sure backfired [Ken at Popehat, with commentary on the “too-cozy too-credulous relationship between law enforcement and the press”] And from the Fifth Circuit, also on prosecutorial misconduct: “The online anonymous postings, whether the product of lone wolf commenters or an informal propaganda campaign, gave the prosecution a tool for public castigation of the defendants that it could not have used against them otherwise, and in so doing deprived them of a fair trial.” [ABA Journal]

Free speech roundup

  • March of “cyberbullying” law continues: “New Zealand passes law making it punishable by fine or jail time for “causing emotional distress” on the Internet [The Register]
  • Wisconsin John Doe prosecutors tapped email and text communications of conservative activists, also got bank records [M.D. Kittle, Wisconsin Watchdog]
  • Rare instance where pro-speech, anti-harass groups agree: ICANN shouldn’t zap site-owner privacy [Online Abuse Prevention Initiative via @sarahjeong] More: Cathy Gellis, Popehat;
  • “Researcher Headed To Australian Supreme Court In Attempt To Hold Google Responsible For Posts At Ripoff Reports” [Tim Cushing, TechDirt]
  • When you vigorously deny an accusation, do you defame the accuser as a liar? [Popehat on Bill Cosby litigation]
  • “They do this because they can.” [Mark Steyn on Preet Bharara’s “prosecutocracy” and the Reason subpoena, earlier here, here, etc.]
  • Remember, badspeak can be evidence of wrongthink: “[London Mayor] Boris Johnson ‘could be breaching sex discrimination laws’ for defending Sir Tim Hunt over sexism row” [Independent]

Free speech roundup

  • “Court agrees that Google’s search results qualify as free speech” [Megan Geuss, ArsTechnica]
  • “Manassas detective in teen sexting case sues teen’s lawyer for defamation” [Washington Post]
  • Reports of SLAPP suit out of Chicago not quite as initially portrayed [Ken at Popehat]
  • Compelled-speech update: Lexington, Ky. anti-bias commission orders employee training for t-shirt maker that objected to printing gay-pride messages [, earlier]
  • “NY high court says anti-cyberbullying law won’t pass First Amendment muster” [ABA Journal] New Arizona law against sending naked photos without subject’s consent could criminalize many sorts of speech [ACLU]
  • UK scheme to muzzle nonviolent “extremists” just as horrid as it sounds, cont’d [Brendan O’Neill/Reason, earlier] Political director of U.K. Huffington Post calls for “sanctions” for press outlets that engage in “dishonest, demonizing” coverage of Muslims, immigrants, and asylum seekers [Guardian]
  • SCOTUS should hear case re: right to engage in political advocacy without registering with government [Ilya Shapiro and Trevor Burrus, Cato; Vermont Right to Life Committee v. Sorrell]