Legal Opinion

The People v. Marquan M. / County of Albany

New York Court of Appeals

Decided July 11, 2014No. 139PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

Defendant, a 16-year-old high school student, anonymously posted sexual information about fellow classmates on a publicly-*4accessible Internet website. He was criminally prosecuted for “cyberbullying” under a local law enacted by the Albany County Legislature. We are asked to decide whether this cyberbullying statute comports with the Free Speech Clause of the First Amendment.

I

Bullying by children in schools has long been a prevalent problem but its psychological effects were not studied in earnest until the 1970s (see Hyojin Koo, A Time Line of the Evolution of…

2Cases cited21 opinions

  1. United States v. WilliamsSupreme Court of the United States · 2008
  2. City of Houston v. HillSupreme Court of the United States · 1987
  3. United States v. StevensSupreme Court of the United States · 2010
  4. Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
  5. Erznoznik v. City of JacksonvilleSupreme Court of the United States · 1975

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3Cited by21 opinions

  1. People v. RelerfordIllinois Supreme Court · 2017
  2. Motta Ex Rel. Motta v. Eldred Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2016
  3. Board of Trustees of The Vil. of Groton v. PirroAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. BurwellAppellate Division of the Supreme Court of the State of New York · 2020
  5. State v. BishopCourt of Appeals of North Carolina · 2015

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