Legal Analyst Says Cyber-Bullying Legislation Needs Focus

By Marianna Levyash – Talk Radio News Service

In a phone interview with Talk Radio News Service Thursday, Heritage Foundation Senior Legal Research Fellow Brian W. Walsh said that language used in the federal cyber-bullying bill, introduced earlier this year by Rep. Linda Sanchez (D-Calif.), is overly broad.

“The terms [in the bill]…don’t have a precise, clear, accepted, generally agreed upon definition in federal law,” said Walsh.

Sanchez drafted the “The Megan Meier Cyberbullying Prevention Act” in response to the death of Megan Meier, a 13-year-old girl from Missouri who committed suicide in 2006 after being cyber-bullied on the social networking site MySpace by a woman named Lori Drew, the mother of one of Meier’s classmates. Drew was indicted and convicted on charges stemming from the incident in 2008, but was later acquitted in 2009.

The bill has received mixed reviews from a handful of members of Congress who have argued that it uses vague terms and would cause potential violations of free speech rights.

“We need to be extremely careful before heading down this path,” said Rep. Bobby Scott (D-Va.) during a House subcommittee hearing on the legislation back in September.

The bill would amend the federal criminal code to allow criminal penalties to be levied upon anyone that “transmits in interstate or foreign commerce a communication intended to coerce, intimidate, harass, or cause substantial emotional distress to another person, by using electronic means.”

“We are going to end up criminalizing conduct that shouldn’t be criminal in the first place…it’s easy to draft an overbroad criminal law,” said Walsh.