Technology News: Tech Law: Judge Invokes 1st Amendment, ‘Twitter Stalker’ Free to Tweet
A federal judge has dismissed a criminal case against a man accused of using Twitter to conduct a threatening campaign against a religious leader.
William Lawrence Cassidy had been jailed for predicting that violence would befall Alyce Zeoli, a Buddhist religious leader, and for urging her to kill herself.
The judge said that Cassidy was protected by the First Amendment.
“While Mr. Cassidy’s speech may have inflicted substantial emotional distress,” Judge Roger W. Titus wrote in his order, “the government’s indictment here is directed squarely at protected speech: anonymous, uncomfortable Internet speech addressing religious matters.”
The case was filed by the U.S. attorney’s office in Maryland, where Zeoli lives. It’s possible that the judge’s ruling could be appealed — and there are certainly many who hope it will be.
Stretching the Boundaries
As it stands, the ruling is dangerous, said Justin Leto, trial attorney with the Leto Law Firm, and self-described liberal and First Amendment advocate.
“It doesn’t take into account how the Internet can be used to harass someone,” he told TechNewsWorld. “The First Amendment does not offer blanket protection — you can’t violate someone else’s rights and use the First Amendment as a shield.”
The ruling could lead to people committing defamation or harassment via social media, and their victims would have no legal recourse, he said.
Judge Titus noted that if Zeoli wanted to avoid Cassidy’s comments, all she had to do was stay off Twitter.
That suggests the judge might not be very familiar with the role social media plays in many people’s lives, Leto said. “Judges who are older might not understand or appreciate how social media affects every day life now.”