Wednesday, July 2, 2014

Cyberbullying Law Considered a Violation of the First Amendment

350 Old Country Road, Suite 205, Garden City, NY 11530
877-791-8076 / StoberLaw.com 

New York’s court system struck down a local law that made cyberbullying a crime.  The New York Court of Appeals found that the law was in violation of the First Amendment.  The court’s ruling could serve as a guideline for other court cases that challenge cyberbullying laws.

The Albany law was called into question by Cohoes High School student Marquan W. Mackey-Meggs, the first to be charged under the law.  The student pled guilty under the condition that he could challenge the constitutionality of the law.  It was determined that although the First Amendment may allow for a cyberbullying statute of limited nature, the existing local law was too broad.

Corey Stoughton of the New York Civil Liberties Union, representing Mr. Mackey-Meggs, agreed that cyberbullying is a serious concern.  However, he argued that “there are better and more constructive ways to address the problem than giving children criminal records.”

County Executive Daniel P McCoy is working with county legislature to create a new law aimed to reduce cyberbullying of children that takes this court decision into consideration.

Read more about the cyberbullying case in the Wall Street Journal.

You can contact the Law Offices of Louis D. Stober Jr. with all of your legal questions.  Our experience, combined with our successful track record makes us Long Island’s premier law firm. Contact our office for a consultation by calling 877-791-8076.  You can also like us on Facebook and follow us on Twitter for the latest news stories and legal tips.


photo credit: Joanka.Torres via photopin cc