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In the brief, EFF argues that an indictment of a Twitter user pursuant to the federal anti-stalking statute violates the First Amendment, not only because the speech is protected, but also because the language of the statute is unconstitutionally vague.
“The idea that the government should police every inflammatory word spoken online chills freedom of speech and goes against decades of First Amendment case law,” said EFF Staff Attorney Hanni Fakhoury. “The court must recognize social network users’ right to speak freely online, even if that speech is unpopular or offensive to some.”
For the full amicus brief in US v. Cassidy:
Click to access eff_amicus_cassidy.pdf
For more on this case:
https://www.eff.org/cases/us-v-cassidy
via Vague Anti-Stalking Law Threatens Protected Speech Online | Electronic Frontier Foundation.
