Caddo Parish District Attorney's Office Finds Louisiana's New Cyberbullying Law Very Problematic

Tip of the Hat to the Dead Pelican.


Yes I think there is a MAJOR PROBLEM.

For all these small Govt types , tea party folks we have in Louisiana there seemed very little concern over this when it was going through the legislature.

First a quote from Justice Roberts in a recent Opinion :

Not to worry, the Government says: The Executive Branch construes §48 to reach only “extreme” cruelty, and it “neither has brought nor will bring a prosecution for anything less,” The Government hits this theme hard, invoking its prosecutorial discretion several times. But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.

The Shreveport Times has a very good article on the Cyberbully Law that takes effect in Louisiana today.

Hugo Holland who I think is one of the better Asst DA's in the state had this to say:

Children using social networking sites to tease and torment others, even indirectly, could be in trouble under the new law, according to Hugo Holland, head of the Caddo Parish district attorney's Sex Crimes Division

Holland said cyberbullying differs from cyber stalking in the age of the offender, but also broadens the scope of the law by including directionless taunting, such as a Facebook status update.

Judging when to prosecute a child for cyberbullying may be a problem, Holland said. He said his office doesn't see the point of using the law except in extreme cases.

"We don't want to cast too wide a net," Holland said. "At some point you have to ask when it's the government's job to get involved."

But what happens if you don't live in Caddo Parish but where the DA's office attitude is the LAW IS THE LAW we just prosecute the case and let the Judge or Jury decide!!