NCJ Number
153487
Journal
NCJA Justice Bulletin Volume: 14 Issue: 9 Dated: (September 1994) Pages: 1-2,12-14
Editor(s)
R A Kapler
Date Published
1994
Length
5 pages
Annotation
A review of court cases related to antistalking laws indicates that, while legal challenges and court interpretations of the laws vary widely, most courts seem to be upholding their constitutionality.
Abstract
Appellate courts in Florida, Virginia, and California have ruled that their antistalking statutes are constitutional, overruling objections that the laws are vague or so overly broad as to deny defendants their constitutional guarantee of freedom of speech. Other courts have clarified statutory language. The Supreme Court of Massachusetts overturned a stalking conviction on the grounds that the lower court's interpretation of the antistalking law was incorrect. In doing so, the court provided guidance on the proper interpretation of the law. The Appellate Court in Illinois interpreted that State's legislative intent, thereby clarifying the language of the antistalking law.