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In a 5–2 decision, the court concluded that the law, as drafted, was "overbroad and facially invalid under the Free Speech Clause of the First Amendment." [ 9 ] Basing its decision on the breadth and vagueness doctrines , the court concluded that the law is of "alarming breadth" as it criminalized a broad spectrum of protected communications ...
Argument: Oral argument: Opinion announcement: Opinion announcement: Questions presented; Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as ...
First Amendment concerns often arise when questionable speech is uttered or posted online. This is equally true when dealing with cyberbullying. Particularly in instances where there are no laws explicitly against cyberbullying, it is not uncommon for defendants to argue that their conduct amounts to an exercise of their freedom of speech.
Florida's solicitor general appeared before Supreme Court justices on Monday to hash out that argument in a generational First Amendment case that will have big implications on internet life.
The public deserves to know if our federal courts are putting the First Amendment and, potentially, national security at risk, all over a defective case that ultimately isn’t even going anywhere.
In 2017, a juvenile court in Massachusetts ruled that repeatedly encouraging someone to commit suicide was not protected by the First Amendment, [12] and found a 20-year-old woman, who was 17 at the time of the offense, guilty of manslaughter on this basis. [13] The judge cited a little-known 1816 precedent. [14]
The early contours of a potential legal and political defense began to emerge in the hours after the charges were unsealed, with defense lawyer John Lauro accusing the Justice Department of having ...
Cyberbullying is defined by Sameer Hinduja and Justin Patchin as "willful and repeated harm inflicted through the use of computers, cell phones, and other electronic devices." [21] Cyberbullying can occur 24 hours a day, seven days a week. [22] In August 2008, the California State Legislature passed a law directly related with cyber-bullying ...