PEOPLE v. MARQUAN

No. 139.

24 N.Y.3d 1 (2014)

19 N.E.3d 480

994 N.Y.S.2d 554

2014 NY Slip Op 4881

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARQUAN M., Appellant. COUNTY OF ALBANY, Intervenor-Respondent.

Court of Appeals of New York.

Decided July 1, 2014.


Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City ( Corey Stoughton , Daniel Mullkoff and Arthur Eisenberg of counsel), and Christian DeFranqueville , Ballston Spa, for appellant.

Thomas Marcelle , Albany, Patrick J. Collins and Lisabeth Jorgensen for intervenor-respondent.

Morrison & Foerster LLP, New York City ( Dennis P. Orr and Cindy P. Abramson of counsel), for Advocates for Children of New York and others, amici curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge SMITH dissents in an opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

GRAFFEO, J.

Defendant, a 16-year-old high school student, anonymously posted sexual information about fellow classmates on a publicly-accessible Internet website. He was criminally prosecuted for "cyberbullying" under a local law enacted by the Albany County Legislature. We are asked to decide whether this cyberbullying statute comports with the Free Speech Clause of the First Amendment.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases