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July 24, 2008

Motions to Dismiss Indictment Against Lori Drew Cause Debate

drew_art_257_20080723104606.jpgAccording to Associated Press, Lori Drew has moved to dismiss her indictment related to the MySpace suicide hoax. "The new defense motions argue the indictment violates constitutional due process, fails to state an offense as required by federal rules of criminal procedure and alleges no crime, but is instead vague."

The Washington Post examines the line between "wrong" and "illegal", interpreting the motions as implying that if Lori Drew is guilty, then everyone is breaking the law.

Discussion is intense over on The Law Blog as experts focus on the issues of vagueness and unconstitutional delegation of prosecutorial power, particularly the legal ramifications of making violation of TOS (Terms of Service) a felony.

Drew is charged in Los Angeles with one count of conspiracy and three counts of accessing a computer without authorization and via interstate commerce to obtain information to inflict emotional distress.

AP Photo by Bill Robles

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