CAMPUS

Unconstitutional “Cyberbullying” Bill Proposed in House

A bill sponsored by Rep. Linda Sanchez (D-California) has been proposed in the House of Representatives that would make “cyberbullying,” as it’s been coined, illegal.

The Megan Meier Cyberbullying Prevention Act, named after a 13 year-old girl who committed suicide after falling victim to a cruel Myspace prank, would make it a felony to transmit “in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior.”

As is wont to happen when lawmakers grandstand on a current issue, the proposed bill is a legal train wreck – a half-baked piece of legislation that, if it weren’t almost guaranteed to be stricken down as unconstitutional, would be seriously dangerous to free speech.

For example, law professor Eugene Volokh can think of six examples off the top of his head where the bill would encroach on protected First Amendment speech. Under the proposed bill, perhaps even this blog post could be considered “cyberbullying.” Rep. Sanchez might find my calling her legislation “half-baked” and “a legal train wreck” emotionally distressing, and I could be prosecuted in federal court.

What’s startling to me about the bill, though, is the similarity in the language to many of the oppressive speech codes found at universities throughout the country. In particular, notice the part about “substantial emotional distress.” Just like so many confused university administrations, Rep. Sanchez seems to believe that it aught to be illegal to make someone feel bad.

The bill is essentially the uber-version of all those speech codes. It would, for all intents and purposes, make criticism of anyone illegal. Well, hey, at least we would all be living in the ”inclusive, respectful atmosphere” that universities try so hard (and sometimes illegally) to foster, right?

Hat tip to Reason.