Posted on 07/01/2014 8:54:23 AM PDT by aimhigh
New York's highest court said on Tuesday that a law designed to criminalize cyberbullying was so broad that it violated the First Amendment, marking the first time a U.S. court weighed the constitutionality of such a law. . . .
The Court of Appeals in a 5-2 decision said it was possible to pass a law outlawing bullying via social media or text message that respected free speech rights, but the county's statute went too far. . . .
“The problem is, it’s going to be really tricky to write a law that is comprehensive in its coverage of bullying and at the same time passes constitutional muster,” he said.
(Excerpt) Read more at whbl.com ...
I agree. What constitutes “bullying”? Mere criticism?
If it isn’t physical, it isn’t bullying. ‘sticks and stones...’
If it’s going to be so “tricky” to write such a law, then don’t. Not every problem needs a government solution.
Ironically, “bullying” laws are the biggest weapon of the real bullies.
Needed said again, bigger, bolder, and underlined.
Politicians would love such a law. Any criticism at all would be “bullying.”
In this case, as in so many, a heavy-handed law will do far more harm than good, and will spawn dozens of attempts to “fix” the original shortcomings, each iteration containing even more shortcomings, until a whole catalog of completely ineffective, burdensome, and increasingly draconian laws and regulations pollute the books and make even more behavior felonious.
Everyone “knows” what bullying is, just like loitering and jostling. Problem is that it’s impossible to write a law that defines them clearly and unambiguously.
Liberals love to write laws as long as the laws restrict freedom.
I have a friend who is being cyberstalked.
He has been issued a TRO and we are in court, right now, to expand the TRO.
I can generically get into what constitutes such in this instance later today.
But, suffice to say that when one persons Free Speech impairs another’s you have crossed the line and further, making slanderous and defamatory accusations which impedes your ability to obtain work, interferes with social and business and the person admits their intent, they have crossed the line.
Quite clearly here.
Zactly.
You know it when you see it.
Constant, consistent and even escalation of verbiage, contact, etc changes the game.
When the eighth grader here told us it would be so bad like death ifvface book wasn’t available along wth a good phone, the kind everyone at school had even and especially the poor ones on the breakfast program, the answer was No
In middle school, kids need to learn how to approach other people. To verbalized ideas. To get others’ immediate reaction in the form of facial expression. They need supportif friends criticism as well as defense
And they need at that time to be out and about not sitting, getting fat and typing conversations
So no phone just the ‘loser phone’ for contacting us
This did not sit well
We said yes you can have all this stuff later
Facebook is not for middle schoolers nor is surfing the net
And I wanted to know very well who was coming and going around here and what was being talked about
My friends said I could spy on the kids looking at the search history
Not only was there not enough time in the day for that, and no I am mot spying on my kids, if I’m strong enough to do that I’m strong enough to just say no, but it would be after tfe fact and what do I do with the info? Take away Facebook? I thought is save the trouble and do it then
Not great but they could see the reason so they knew it wasn’t punishment or torture for the sake of power
Then there was the slew of stories - girls getting into problems for se ting, the bullying, the lack of social skills
We pulled them out of that system and into a private school the next year where parents were paying multi thousands for education to not fool around and had no money for all the electronics and there was no government money for all of it
End of issue. But it’s a big issue
As long as people continue to think that somehow Facebook is ok for middle schoolers
Don’t they have schoolwork to do?
Now there’s every electronic gadget known, here.
And they are all treated as what they are - tools
People vote for Obama. They let their kids play with dangerous things
Lots of stupidity out there. I’m not joining
Freedom of speech needs to be treated with respect not pulled in because parents are senseless
indeed, daddy’s or big brother’s little girl is the bully tool.
I dont know, I think they are going to kill social media and it might not be a bad thing.
If anything I say can be construed as offensive or bullying, guess what, bubye facebook... it was a nice try at national cohesion but laws like this are going to put a total chill... already race, domesric-terror/violence and gender cards were bad enough...
I dont know, I think they are going to kill social media and it might not be a bad thing.
If anything I say can be construed as offensive or bullying, guess what, bubye facebook... it was a nice try at national cohesion but laws like this are going to put a total chill... already race, domesric-terror/violence and gender cards were bad enough...
I’d argue cyber bullying laws not only violate the 1st amendment, they provide a backdoor to completely circumvent it.
Call a politician a moron on a forum and they would file a butt hurt report in a minute claiming you were bullying them.
Please don’t think that I am saying that there is no such thing as cyber bullying, just that possibly this particular law may be too broad and could be used to silence legitimate criticism.
Just as the charge of “racism” is used to silence opposition by defining it so broadly that any criticism of Obama becomes “racist”, that doesn’t mean that there isn’t true racism out there.
I wish you and your friend all the best in stopping this true sicko who has obviously major issues.
The funny thing is this stalker just accosted me in the elevator and made a point to violate the TRO in place and made scandalous and scurrilous remarks that are slanderous.
I don’t even know this whack job.
She just got on the elevator and starts in on me.
Game on.
I fking hate stalkers and the last one I had took almost a year to get rid of.
Kept the 10 or 11 numbers she kept calling me from.
Frickin Marie Laveau....
TRO extended.
weird person.
She’s got issues all right and we cancelled her subscription.
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