Eugene Volokh, reports on United States v. Yung.
The court concludes that the federal "cyberstalking" statute covers only speech intended to "put the victim in fear of death or bodily injury" or to "distress the victim by threatening, intimidating, or the like."
Essentially the court finds that the statute, as construed by the prosecution, is overbroad and can offend the First Amendment. The statute requires
The court discusses how application of the "result" can be interpreted to narrow the statute and avoid First Amendment concerns. Volokh also links to several articles on how this type of statute can be overbroad and veer into First Amendment problems.
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook