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People V. Marquan M.
''People v. Marquan M.''(Ct. App. NY July 1, 2014) was the first case in which a US court weighed the constitutionality of criminalizing cyberbullying. In ''People v. Marquan M.'', the New York Court of Appeals struck down an Albany County law that criminalized cyberbullying, declaring its restrictions overly broad and thus in violation of the Free Speech Clause of the First Amendment. __TOC__ Background Historical context As access to the internet and other information technology has become widespread, there has been a rise in the use of these technologies to bully others, particularly among children and teenagers. This online bullying has been termed cyberbullying, defined as "using the Internet, cell phones or other devices to send or post text or images intended to hurt or embarrass another person" by the National Crime Prevention Council. Following several cyberbullying cases where the victim committed suicide, states have pursued both educational and legislative appr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Court Of Appeals
The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by the State Senate to 14-year terms. The Chief Judge of the Court of Appeals also heads administration of the state's court system, and thus is also known as the Chief Judge of the State of New York. Its 1842 Neoclassical courthouse is located in New York's capital, Albany. Nomenclature In the Federal court system, and most U.S. states, the court of last resort is known as the "Supreme Court". New York, however, calls its trial and intermediate appellate courts the "Supreme Court", and the court of last resort the Court of Appeals. This sometimes leads to confusion regarding the roles of the respective courts. Further adding to the misunderstanding is New York's terminology for jurists on its top two courts. Those who sit on its supr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Severability
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided. However, in many legal jurisdictions, a severability clause will not be applied if it changes the fundamental nature of the contract, and that instead the contract will be void; thus, often this is not explicitly stated in the severability clause. Sample clause If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: #the validity or enforceability in that jurisdiction of any other provision of this Agreement; or #the validity or enforceability in other jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cybercrime
A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing the crime, or it may be the target. Cybercrime may harm someone's security or finances. There are many privacy concerns surrounding cybercrime when confidential information is intercepted or disclosed, lawfully or otherwise. Internationally, both governmental and non-state actors engage in cybercrimes, including espionage, financial theft, and other cross-border crimes. Cybercrimes crossing international borders and involving the actions of at least one nation-state are sometimes referred to as cyberwarfare. Warren Buffett describes cybercrime as the "number one problem with mankind" and said that cybercrime "poses real risks to humanity." A 2014 report sponsored by McAfee estimated that cybercrime resulted in $445 billion in annual da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cyberbullying
Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital sphere has expanded and technology has advanced. Cyberbullying is when someone, typically a teenager, bullies or harasses others on the internet and other digital spaces, particularly on social media sites. Harmful bullying behavior can include posting rumors, threats, sexual remarks, a victims' personal information, or pejorative labels (i.e. hate speech). Bullying or harassment can be identified by repeated behavior and an intent to harm. Victims of cyberbullying may experience lower self-esteem, increased suicidal ideation, and various negative emotional responses, including being anxious, frustrated, angry, or depressed. Cyberbullying is in many cases an extension of already existing traditional bullying. Students who are bullied v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victims Of Cyberbullying
Victim(s) or The Victim may refer to: People * Crime victim * Victim, in psychotherapy, a posited role in the Karpman drama triangle model of transactional analysis Films and television * ''The Victim'' (1916 film), an American silent film by the Fox Film Corporation starring vamp Valeska Suratt * ''The Victim'' (1930 film), an American film starring Esther Howard * ''Victim'' (1961 film), a British drama film featuring Dirk Bogarde * ''The Victim'' (1972 film), an television film produced for American Broadcasting Company * ''The Victim'' (1980 film), a Hong Kong film directed by and starring Sammo Hung * ''Victim'' (1999 film), a Hong Kong film directed by Ringo Lam * ''The Victim'' (2006 film), a Thai horror-thriller film written by Monthon Arayangkoon * ''Victim'' (2010 film), an American indie film directed by Matt Eskandari * ''The Victim'' (2011 film), an American horror film written by and starring Michael Biehn * ''The Victim'' (2012 film), a Konkani theatrica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * '' United!'', a soap opera that aired on BBC One from 196 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable with incarceration for not more than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overbreadth
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. Description When federal or state laws are challenged in the United States court system for their constitutionality, they may be either challenged based on a facial challenge, challenging the whole of the law or provision and all applications of it, or may be through an as-applied challenge for a specific case or set of circumstances. Outside of First Amendment cases, most constitutional challenges are based on as-applied challenges, the facial challenge being "the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid", as stated in '' United States v. Salerno''. However, for laws involving the First Amendment, the Courts will consider a law invalidated as though through a facial challenge "if a substantial number of its applications are unconstit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suicide Of Megan Meier
Megan Taylor Meier (November 6, 1992 – October 17, 2006) was an American teenager who died by suicide by hanging herself three weeks before her 14th birthday. A year later, Meier's parents prompted an investigation into the matter and her suicide was attributed to cyberbullying through the social networking website MySpace. Lori Drew, the mother of a classmate of Meier, was found guilty of cyberbullying in the 2009 case '' United States v. Drew''. However, her conviction was overturned by the judge. Background Megan Taylor Meier was born on November 6, 1992, to Christina "Tina" Meier and Ronald Meier in O'Fallon, Missouri. From the third grade in 2001–02, after she had told her mother she had wanted to kill herself, Megan had been under the care of a psychiatrist. She had been prescribed citalopram (an antidepressant that has a possible side effect of increasing suicide risk in young people), methylphenidate, and the atypical antipsychotic ziprasidone. She had been di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Crime Prevention Council
National Crime Prevention Council is an American educational 501(c)(3) nonprofit organization in Washington, D.C. whose mission is to enable people to create safer and more caring communities by addressing the causes of crime, drugs and violence and reducing the opportunities for crime to occur. The organization is perhaps best known for its mascot McGruff the Crime Dog, a Bloodhound dog character created to educate children about crime prevention. Paul DelPonte, a one-time federal whistleblower, was appointed to head the organization in 2021. History Carl M. Loeb, Jr. (son of banker John Langeloth Loeb Sr.), was a former vice chairman of the board of directors of the National Council on Crime and Delinquency. Loeb left that group in order to found the National Crime Prevention Council in 1982, where he served as its chairman. After more than two generations of helping Americans Take A Bite Out Of Crime®, the organization is mounting an ambitious effort to introduce the ic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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