Albany County cyber-bullying law lands in Court of Appeals

[Disir]

The state's top court heard arguments Thursday on the constitutionality of Albany County's cyber-bullying law, leading its top judge to question why county lawmakers do not just pass a new law.

Chief Judge Jonathan Lippman suggested the cyber-bullying law was flawed and asked county attorney Thomas Marcelle if a more narrow version of the law might be the ultimate solution.

"Why are we going through this exercise?" Lippman asked during arguments on the law at the Court of Appeals. "I think you would agree — it's not the best statute in the world in anyone's imagination. Why are we doing this? What's the purpose?"

...He told Lippman the Court of Appeals could retool the law. The top judge said that was no way to legislate, and he asked Marcelle why the law, in its present form, should be saved.

"Why doesn't the legislature go and pass another statute that's tightly drawn that actually one would look at in a focused way and make it reasonably ascertainable for ruling as to whether it passes constitutional muster?" he asked.

Albany County cyber-bullying law lands in Court of Appeals - Times Union

It isn't a way to legislate.