Divided Court Strikes Down County's Cyberbullying Law

, New York Law Journal


The Court of Appeals' 5-2 ruling held that while criminal laws against cyberbullying among minors are not necessarily illegal, Albany's law as written went too far and criminalized protected speech.

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What's being said

  • Quixote

    This excellent decision follows closely on another similar one from two months ago, declaring New York‘s "aggravated harassment" statute unconstitutional for almost exactly the same reason: namely, it criminalized speech considered to be annoying or embarrassing. Clearly the court had that case in mind (and indeed explicitly refers to it in its decision). For documentation of the case and links to news items and commentary, see:


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