Court of Appeals of New York

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People v. Marquan M., 139

Defendant's conviction for cyberbullying after anonymously posting sexual information about fellow classmates on a publicly-accessible internet website is reversed and remanded, where: 1) the text of the cyberbullying law does not adequately reflect an intent to restrict its reach to the three discrete types of electronic bullying of a sexual nature designed to cause emotional harm to children; 2) Albany County therefore has not met its burden of proving that the restrictions on speech contained in its cyberbullying law survive strict scrutiny; 3) although the First Amendment may not give defendant the right to engage in the activities at issue, the text of Albany County's law envelops far more than acts of cyberbullying against children by criminalizing a variety of constitutionally-protected modes of expression; and 4) Albany County's cyberspace law, as drafted, is overbroad and facially invalid under the Free Speech Clause of the First Amendment.

Appellate Information

  • Decided 07/01/2014
  • Published 07/01/2014




  • Court of Appeals of New York


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