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Freedom of Speech at University 2

New Jersey Cyber-Harassment Bill Would Criminalize 'Indecent' and Annoying Speech

June 17, 2013

A proposed bill in the New Jersey state legislature would define the crime of "cyber-harassment" as "send[ing], post[ing], comment[ing], request[ing], suggest[ing], or propos[ing] any lewd, indecent, or obscene material to or about a person" online "with the purpose to harass another." Because the terms "indecent" and "harass" could both be read broadly under this law, and because the statute prohibits speech about a person (like, say, a state legislator) even if it is simply said in public and not to that person specifically, the statute would criminalize a significant amount of protected speech.

As Eugene Volokh notes at The Volokh Conspiracy, "'[P]urpose to harass' seems to be treated by New Jersey courts as simply meaning, purpose 'to annoy or alarm.'" With such a broad definition, cyber-harassment would include online sharing of political commentary and parodies like the fake Campari ad that the Supreme Court held protected in Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988).

This isn't the first time attempts to combat bullying in New Jersey have threatened constitutionally protected speech. Earlier this year, Montclair State University student Joseph Aziz was suspended for his Facebook comments about another classmate's body and ordered not to make any further comments about the woman on social media. In trying to justify the punishment, Montclair State initially cited New Jersey's anti-bullying law but eventually conceded that Aziz's comments fell short of the law's definition of bullying and rescinded the suspension
Read more: http://thefire.org/torch/#15954