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(a). Do you believe Elonis was rightly decided? (and see the notes and questions following the case). Briefly describe the elements of the offense, and the precise issue, and then give concise reasons to support your answer. Can you think of a way to frame a law to cover the conduct discussed in that case or the activities described in the notes? If any one of the notes catches your interest, briefly explain your thoughts or reflections.
(b). Do you believe Carmichael was rightly decided? (, and see the notes and questions following the case). Briefly describe the elements of the offense, and then give concise reasons to support your answer. Can you think of a way to frame a law to cover the conduct discussed in that case or the activities described in the notes? If any one of the notes catches your interest, briefly explain your thoughts or reflections.
(c) Do you believe Van Buren (, and see the notes and questions following the case) was rightly decided under existing law? Do you believe the existing law is correct? Can you think of another offense that could have been charged? Can you think of a way more narrowly to design the statute?
Or, more generally do you believe that threats, bullying, and general rudeness (including “revenge porn”) in cyberspace is more or less dangerous than in ordinary space? Do you believe it is more or less desirable to regulate such activity in cyberspace compared to ordinary space? Do you believe the law, including interpretations of the First Amendment, is adequate in response to threats in cyberspace?
Sample Solution
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