3rd Circ. Wonders If Cyberstalking Law Can Weed Out Trolls

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By Jeannie O’Sullivan (January 12, 2022, 3:17 PM EST) — The Third Circuit suggested Wednesday that the increasing prevalence of contentious online discourse is calling into question what constitutes cyberstalking, as a rejected Georgetown University Law Center applicant sought to reverse his conviction for targeting his interviewer using sadism-themed internet profiles.

During an oral argument, a three-judge panel wondered how to distinguish the average internet troll from someone who intends to harass and intimidate and cause substantial emotional distress, as the federal cyberstalking statute requires. Ho Ka Terence Yung, who was sentenced to a 46-month prison term and ordered to pay restitution, is arguing that the First Amendment protects a portion…

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