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Judge Says Washington State Cyberstalking Law Violates Free Speech (engadget.com)
A federal judge has blocked Washington State's 2004 cyberstalking law after ruling that a key provision violated First Amendment protections for free speech due to vague terms. "Its prohibitions against speech meant to 'harass, intimidate, torment or embarrass' weren't clearly defined, according to the judge, and effectively criminalized a 'large range' of language guarded under the Constitution," reports Engadget. "You could theoretically face legal action just by criticizing a public figure." From the report: The ruling came after a retired Air Force Major, Richard Rynearson III, sued to have the law overturned. He claimed that Kitsap County threatened to prosecute him under the cyberstalking law for criticizing an activist involved with a memorial to Japanese victims of U.S. internment camps during World War II. While Rynearson would use "invective, ridicule, and harsh language," the judge said, his language was neither threatening nor obscene.
Officials had contended that the law held up because it targeted conduct, not the speech itself. They also maintained that Rynearson hadn't shown evidence of a serious threat -- just that the prosecutor's office would see how Rynearson behaved and take action if necessary. A county court had already tossed out the activist's restraining order against Rynearson over free speech. It's not clear whether Washington will appeal the decision. If the ruling stays, though, it could force legislators to significantly narrow the scope if it wants a cyberstalking law to remain in place. This might also set a precedent that could affect legislation elsewhere in the country. The Electronic Frontier Foundation praises the judge's decision, adding: "This is all valuable speech that is protected by the First Amendment, and no state law should be allowed to undermine these rights. We are pleased that the judge has agreed."
Officials had contended that the law held up because it targeted conduct, not the speech itself. They also maintained that Rynearson hadn't shown evidence of a serious threat -- just that the prosecutor's office would see how Rynearson behaved and take action if necessary. A county court had already tossed out the activist's restraining order against Rynearson over free speech. It's not clear whether Washington will appeal the decision. If the ruling stays, though, it could force legislators to significantly narrow the scope if it wants a cyberstalking law to remain in place. This might also set a precedent that could affect legislation elsewhere in the country. The Electronic Frontier Foundation praises the judge's decision, adding: "This is all valuable speech that is protected by the First Amendment, and no state law should be allowed to undermine these rights. We are pleased that the judge has agreed."
They want a law like in the UK where they can harass people guilty of wrongthink; just look at what's happened to Count Dankula and many others. Long live the Bill of Rights.
...like 60s sci fi robots caught in a contradiction.
I mean, free speech was all well and good when it was the man trying to keep us down, trying to stifle our potty mouths.
But now that we're the ma ... er ... the gender-less sentient vertebrate in charge, we'd really like that power to shut people up when we don't like them. But it's OK, because we're doing it.
This is why I love my country. We can speak opinions that are offensive to others. We can hurt the feelings of people who don't agree with our opinions. On the flip side, we tolerate other people who hurt our feelings and who don't agree without our opinions. We can criticize our government. We may not always be able to hold our government accountable, but we can talk about what we don't like. We worship God the way that we want to worship God. We can choose not to worship God.
We are free!
"It is my RIGHT as an AMERICAN CITIZEN to harass and threaten people online!!" is a really weird hill to die on but ok
"I want the government to spy every single conversation on the internet to be sure no one is being harassed" is a weird hill to die on but ok