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.
Court of Appeals of New York.
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.
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