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High Court: Albany County Cyberbullying Law Invalid

New York's highest court has ruled that a local cyberbullying law in Albany County violates Constitutional free speech protections.

Tuesday’s  Court of Appeals ruling involves the case of a high school student who anonymously posted photographs of fellow students on Facebook along with personal details and offensive descriptions of their supposed sexual beahvior.

The teen was charged with violating  a 2010 county law prohibiting cyberbullying.

The court ruled that while the teen's actions were "repulsive," the county law is overly broad since the First Amendment protects even "embarrassing" or "annoying" speech.

Albany County Executive Dan McCoy agrees Local Law ‘C’ - needs clarification:   "I believe that we’re on the right track and that we can work together to craft a law that both protects free speech but most importantly keeps our kids safe.”  McCoy further noted "I also want to note that the process has brought significant public attention to the growing problem of cyber bullying and our efforts to reduce cyberbullying in Albany County. I believe that we are on the right track..."

Dave Lucas is WAMC’s Capital Region Bureau Chief. Born and raised in Albany, he’s been involved in nearly every aspect of local radio since 1981. Before joining WAMC, Dave was a reporter and anchor at WGY in Schenectady. Prior to that he hosted talk shows on WYJB and WROW, including the 1999 series of overnight radio broadcasts tracking the JonBenet Ramsey murder case with a cast of callers and characters from all over the world via the internet. In 2012, Dave received a Communicator Award of Distinction for his WAMC news story "Fail: The NYS Flood Panel," which explores whether the damage from Hurricane Irene and Tropical Storm Lee could have been prevented or at least curbed. Dave began his radio career as a “morning personality” at WABY in Albany.
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