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Bill

Bill

S 2156

Expands cyber-harassment to include reckless online communications.

2026-2027 Regular Session Introduced by Paul Moriarty

New Jersey bill lowers cyber-harassment threshold from intentional to reckless online communications, potentially expanding criminal liability for digital speech while raising free speech concerns.

Introduced in the Senate, Referred to Senate Judiciary Committee
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Bill Summary · S 2156

Legislative bill overview

S 2156 expands New Jersey's cyber-harassment law to criminalize "reckless" online communications, lowering the intent threshold from intentional conduct. The bill broadens the definition of what constitutes harassment in digital spaces, potentially capturing communications made without deliberate harmful intent but created with disregard for likely consequences.

Why is this important

This change could significantly affect online speech protections and criminal liability standards. It shifts enforcement focus from provable intent to negligence-like standards, potentially ensnaring more individuals in harassment charges while raising questions about free speech boundaries and what speech warrants criminal penalties.

Potential points of contention

  • First Amendment concerns: Criminalizing "reckless" speech (rather than intentional) may capture protected expression and create chilling effects on legitimate online discourse
  • Vagueness in enforcement: "Reckless" is subjective and context-dependent, creating inconsistent application and uncertainty about what communication crosses the legal line
  • Burden on platforms and users: Social media companies and individuals could face liability for posts made without deliberate intent to harm, potentially requiring heightened moderation or self-censorship

Compiled from official sources — confirm details with the bill’s official record.

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