In United States v. Cassidy, (D MD, Dec. 15, 2011), a Maryland federal district court held that the First Amendment's protection of free expression precludes applying the federal anti-stalking statute (18 USC 2261A(2)(A)) to defendant's criticism of a Buddhist religious leader through his blog and through some 8,000 postings on Twitter. The Tweets criticize religious leader Alyce Zeoli and her Buddhist sect. Some involve threats directed at Zeoli. As reported yesterday by the New York Times, the government's indictment alleged that the anti-stalking statute was violated because the postings caused Zeoli substantial emotional distress. In striking down the statute as applied, the court pointed out that Zeoli is "an easily identifiable public figure that leads a religious sect." Many of the Tweets and postings related to the beliefs of her sect and her qualifications as a leader. "Thus this statute sweeps in the type of expression that the Supreme Court has consistently tried to protect." The court emphasized that no one is forced to see what is posted by another person on a blog or Twitter. According to the court: "This is in sharp contrast to a telephone call, letter or e-mail specifically addressed to and directed at another person, and that difference ... is fundamental to the First Amendment analysis in this case."
