Friday, June 17, 2011
Here is Dean Erwin Chemerinsky’s plain English summary of the new statute:
So the law now applies not just to one-to-one communication, but to people’s posting images on their own Facebook pages, on their Web sites, and in other places if (1) they are acting “without legitimate purpose,” (2) they cause emotional distress, and (3) they intend to cause emotional distress or know or reasonably should know that their action will cause emotional distress to a similarly situated person of reasonable sensibilities.
The constitutionality of such a restriction on speech is doubtful, but the statute focuses on how abuse of internet speech is largely unimpeded. Here is a link to the story.