Hastings Constitutional Law Quarterly


This Note focuses on one potential solution for harassment many women face online: federal regulation of cyber-threats and cyber harassment. It argues that speech used online to harass and intimidate women may be regulated because the speech is not protected under the First Amendment and because the mode of communication—the Internet—is a regulatable instrumentality of commerce. Thus, this Note posits that online harassment can and should be regulated through the Commerce Clause to ensure that women can enjoy use of the internet without cyber-threats and cyber harassment.