Rynearson v. Ferguson
Case Law- Country
- Country Location
Latitude: 39.778231903243785
Longitude: -100.8801256788983
- Country Location (linked Case Law)
- United States
- Decision Date
- 22 de fev. de 2019
- Case Status
- In progress
- Case Outcome (Procedural)
- Motion Granted
- Case Outcome (Disposition)
- Injunction or Order Granted
- Keywords
- Cyberstalking
- Judicial Body
- Appellate Court
- Case Number
- C17-5531RBL
- Case Summary
A US District Court in Tacoma Washington declared a state cyberstalking statute to be facially unconstitutional and hence granted a preliminary injunction on its application. The case was brought by Rynearson, an online activist who regularly engaged in caustic advocacy campaigns which targeted public and political figures on issues related to civil liberties. The Court affirmed Rynearson’s claim that the cyberstalking statute was overbroad and that it criminalized speech protected by the First Amendment in so far as it targeted communications “with intent to harass, intimidate, torment, or embarrass any other person, . . . anonymously or repeatedly.” Relying on established case law, the Court affirmed the long tradition in the US of protecting anonymous speech which “allows individuals to express themselves freely without fear of economic or official retaliation…[or] concern about social ostracism.” The Court justified the preliminary injunction on the grounds that his online advocacy exposed him to potential future prosecution under the Cyberstalking Statute, which had an unconstitutional chilling effect on his political activities.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression