https://blog.ericgoldman.org/archives/2014/07/criminal-cyberbullying-statute-violates-first-amendment-new-york-v-marquan.htm Thu, 10 Jul 2014 17:16:38 +0000 hourly 1 https://blog.ericgoldman.org/archives/2014/07/criminal-cyberbullying-statute-violates-first-amendment-new-york-v-marquan.htm#comment-936 Thu, 10 Jul 2014 17:16:38 +0000 http://blog.ericgoldman.org/?p=12561#comment-936 […] It’s telling that Smith was charged with disorderly conduct, and that the offense of “misusing a computer system” is in the same statutory subsection. (Wisconsin’s newly-enacted revenge porn statute is contained in another section.) Disorderly conduct is an offense that is notorious for its constitutional infirmities, so it’s a good bet the crime of “misusing a computer system” is not on the surest Constitutional footing. The “misusing a computer system” statute is terribly drafted, and I wouldn’t be surprised to see some of its subsections thrown out. One of the more egregious examples was the subsection Smith was charged with violating here: “With intent to .. . annoy or offend another person, sends [an email or other message] … and in that message uses any obscene, lewd or profane language …” I’m pretty sure the First Amendment protects annoying speech in an email or online comment even when it contains profane language. If not, we would all be in trouble. Incidentally, this language is similar to the statutory anti-cyberbullying statute that was recently struck down in New York. […]

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