Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, July 25, 2010

Cyber Bullying Not Actionable

Though not an employment case, Finkel v. Dauber, ___Misc. 3d____(Nassau Co. July 22, 2010), is never-the-less, an important case for students of labor law as well as others. The case was an action for defamation based upon a teenagers posting on Facebook. What is most interesting about the decision, however, is that the court held that cyberbullying was not actionable. As the court explained:

 Insofar as the Plaintiff's counsel suggestion that the posts constitute cyber bullying, the Courts of New York do not recognize cyber or internet bullying as a cognizable tort action. A review of the case law in this jurisdiction has disclosed no case precedent which recognized cyber bullying as a cognizable tort action.

A New York Law Journal article about this case can be found here


Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2010/07/cyber-bullying-not-actionable.html

Legal News, Misc., Legal, New York Law | Permalink

Comments

This is great news for those of us that don't want the nanny state expanded even more than it is already (if possible). I shudder to think of the handcuffs that would be put on the first amendment if feeling bullied by others online was actionable.

Posted by: john b | Jul 27, 2010 12:50:51 PM

It is good that the Courts of New York do not recognize cyber or internet bullying as a cognizable tort action

Posted by: cyber bullying | Nov 23, 2010 9:15:37 AM

It is really interesting that cyber bullying was not actionable.

Posted by: cyber bullying | Nov 28, 2010 10:25:43 AM

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