November 5, 2012 -- Professor Eugene Volokh commented on the possible legal consequences of tweeting false information. His comments appear in a Wall Street Journal article.
Eugene Volokh, a law professor at the University of California, Los Angeles, said he believed the New York law could survive the Supreme Court ruling in Alvarez, though he said some of the law's language could be too imprecise to survive a challenge. Justice Stephen Breyer in his concurrence in Alvarez gave a nod to laws that prohibit lies about "the commission of crimes or catastrophes," Prof. Volokh said.
"I don't think there's an Alvarez problem there, but there is potentially a vagueness problem," Prof. Volokh said, pointing to phrases in the New York law such as "not unlikely."
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