The measure, introduced by Del. Mark Keam (D-Vienna), would criminalize online “bullying,” defined among other things to include behavior (or speech) intended to “harass” or “humiliate” when it “is repeated over time or causes severe emotional trauma,” but purportedly excluding “ordinary teasing, horseplay, argument, or peer conflict.” Unlike Maryland’s enactment of “Grace’s Law,” which I criticized last year, this one would not be limited to speech directed at minors. Another prerequisite for liability is that the online verbal aggression “involves a real or perceived power imbalance between” the parties, which can be expected to involve courts in some delicate inquiries. Eugene Volokh criticizes (“dangerous and deeply unsound”).
Virginia lawmaker introduces “cyber-bullying” ban that includes adults
by Walter Olson on January 10, 2014