Cyber bullying is defined as repeated, hostile and severe behavior towards an individual with the intent to embarrass, threaten or harass. In the definition the word "repeated" is included. This creates a loophole in the prosecution process. It brings up the question, how many acts is considered repeated? Another subject called into question is, it is unconstitutional to prosecute someone for exercising their first amendment right. An individual should not be prosecuted for statements made on social media.
The first amendment is not just carried out in reality, it is also carried out onto the internet. This is forgotten when dealing with cyberbullies. No matter who the person, everybody living in the United States of America has the
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This part of the new bill creates a loophole in the justice system because how many acts are justified as repeated? In “The Dangers of Cyberbullying” the text states, “In order for a behavior to be defined as cyberbullying, it must be repeated, hostile, and severe.” This states that in order for this crime to be prosecuted it must be repeated and how will repeated be defined in the court of law. It could be just two acts or could be ten. It clearly defines what must be carried out to prosecute an individual, however, it does not clearly define the borders of the trial. In the article, “Sacrificing the First Amendment to Catch ‘Cyberbullies,”’ this reading states, “NY State Senators want NY citizens to be criminally prosecuted for cyberbullying, where they define cyberbullying as a plethora of allegedly offensive acts on the Internet.” Again this statement raises the question of, how many times is considered a plethora? The exact definition of a plethora is, “A large or excessive amount.” Quite a vague topic because it depends if ten or one hundred and ten is a “large or excessive amount.” Consequently, to be prosecuted for cyberbullying the individual must have repeated the act multiple times, however, does anyone know how many times multiple really