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To: EDINVA
"Perhaps they would be convicted on that, and then an appeal to the Supreme Court to declare the law unconstitutional?"

There are throngs of attorneys that are looking for the ideal case(s) to test the constitutionality of these cyberstalking laws. I don't know if this would be an ideal case, but it does present some interesting questions and the fact that the defendants are minor children also adds an interesting dimension.

In any event, unless this DA wants to get some national camera time (which is always a possibility), like most criminal complaints, it's probably more likely that this will end in a plea agreement rather than a jury trial.

76 posted on 01/14/2011 1:31:19 PM PST by OldDeckHand
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To: OldDeckHand

As I think about this, my foremost thoughts are: what makes some kids so sick, so vicious, so entitled that they do things like this, when there’s a growing history of victims of similar activities who have committed suicide?

From a legal puzzling about perspective, I’d actually look at identity theft. The freedom of speech was not exercised in the perps’ own names. Does freedom of speech extend to others purporting to speak for us when their speech is meant to harm us? Is opening a FB account, then posting porno pix of another, less or more offensive than purporting to be the person to whom a credit card is issued? I’ve been victim of the latter, and think I’d prefer that to the former.


81 posted on 01/14/2011 2:23:09 PM PST by EDINVA
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