Overcriminalization of Speech by Law Professor, Michal Buchhandler-Raphael

Overcriminalization of Speech


Here's a great law review article by law professor, Michal Buchhandler-Raphael, explaining why so many of the cyberharassment laws in the USA violate the protections of the First Amendment. The author is a woman.

This article is particularly timely and salient since in about a week EFF (Electronic Frontier Foundation) and Prof. Eugene Volokh will be arguing in NC's Supreme Court that North Carolina's cyberbullying law misapplied to prosecute Alamance County's 16-year-old Robert Bishop for his Facebook writings is unconstitutional on its fucking face. Volokh has also just posted a comment about the Robert Bishop case in Volokh Conspiracy.

Sadly, but in keeping with the dark age banana republicans now in charge in North Carolina, this hearing will not be videoed or televised.

This paper will be a good cite in briefs of Bruce and Todd. I read most of it today, and it is about 70 pages of eloquence.
I found the article by google-surfing Prof. Aaron Caplan's paper on civil nondomestic restraining orders and saw publications which had cited Caplan's paper.


  • Larry,

    This looks like a good paper you uncovered.

    I also found information that the State vs. Robert Bishop conviction was unfortunately upheld by the first appellate court based on the technicality that an argument wasn't properly preserved.

    I found this thread which summarized the outcome in the North Carolina Court of Appeals. It is good for people to know about this:

    The actual NC Court of Appeals decision is here:

    I found Eugene Volokh's article updated article here:

    Let us home the North Carolina Supreme Court overturns the North Carolina Court of Appeals bad ruling.
  • I have ordered a DVD of the hearing in the Supreme Court, so by telling you about it, I hereby absolve myself for complaining that NC's Supreme Court doesn't permit videos.

    As soon as it comes in, I'll send it to you for scanning so it can be published for the whole world to see.

    I read enough about that prosecution against the Bishop boy to see that he never stood a chance, even though he had some good legal minds working for him at the appellate level. The court of appeals -- judges Tyson, Geer, and Stroud (two of whom are female)-- churned out one of the most idiotic decisions I have ever read.

    Today, 2-17-2016, is the big event in Raleigh, and if you look at the array of justices in NC's Supreme Court, they are not as impressive as Georgia's. But maybe they'll do the right thing, and if they don't this case will go to the US Supreme Court on a writ of certiorari.

    BTW, the fat aspergered sow, Sammie Ervin iv, now on NC's Supreme Court when he should be in prison, signed the order in the NC court of appeals affirming Grist v. Smith, the malicious fraud of a restraining order brought against me by a perjuring woman, Martha Grist. At least that restraining order lasted only one year, but it was the work of a gaggle of liars lying under oath, and their toadies.
  • Did Eugene actually argue in front of the NC Supreme Court? I could not find any remarks from Eugene himself that he was going to argue in front of that court. I think publicly announced that he was going to argue in front of the GA Supreme Court in my case in 2014.
  • edited February 2016
    One of the Supreme Court clerks said he would be there, but then what do I know? Most cases are decided on the briefs, and I noticed the justices referring over and over again to the amicus brief signed by Prof. Volokh.

    You know something? It seems a shame that American constitutional law has to be brought home to us by a Russian. Well, to be accurate, he is a Ukrainian.

    Have you noticed that there are so few lawyers who specialize in the Bill of Rights, and why? So my thanks goes out to Scott and Cyan Banister who have given so generously to the 1st Amendment Movement. If we didn't have those benefactors, 1A might be DOA.

    And a special thanks, and my personal admiration, for Prof. Eugene Volokh. Thanks to the other very few 1st Amendment lawyers who bravely keep our Bill of Rights Alive:
    Oscar Michelen, Venkat Balasubramani, (others to be added to this list).

    Thanks to you, Matthew, for providing this priceless forum, and for sticking it out while you were being bashed by Linda Ellis and her kroud of klansters. :)
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