An Erie County lawmaker has rewritten his proposal that would make cyberbullying a misdemeanor, to address concerns that it could infringe on First Amendment rights.

The latest proposal from County Legislator Edward A. Rath III, R-Amherst, would make online harassment of minors or students illegal -- a change from his initial proposal that more broadly defined victims of cyberbullying.

"What we had to do was go back to the drawing table on some language that was a little bit confusing to some of my colleagues," Rath said.

Rath updated the legislation after County Attorney Jeremy A. Colby warned that some of the definitions -- including what constitutes a "person" -- were too broad.

The earlier proposal would have prohibited cyberbullying against a "person or minor," categories that could have included everything from an individual to a corporation.

"By its language, the law would prohibit anyone and everyone from 'taunting,' 'insulting,' or 'humiliating' a corporation or business," Colby wrote in a memo to the County Legislature. "Given the broad interpretation these terms could be given, it is very likely that the law would be seen as infringing upon the First Amendment."

The new proposal would ban cyberbullying against any "minor or student" in Erie County. It also seeks to more clearly define "cyberbullying" and "harassment" to address Colby's concerns.

Colby reviewed the proposed local law at the request of Legislator Lynn M. Marinelli, D-Town of Tonawanda.

The proposal, which Rath hopes to have the Legislature pass and the county executive sign in January, would make cyberbullying an unclassified misdemeanor punishable by a fine of up to $1,000 or up to a year in jail.

Most cases against minors, he said, would be handled by Family Court and would not result in the most severe punishment.

"I don't want to throw kids into jail," Rath said. "What I want to do is let them know that there are some implications to cyberbullying which are very serious."

Rath was the only speaker during a public hearing Monday on the new proposal.

Last month, he and then-Legislator Raymond W. Walter, R-Amherst, now an assemblyman, proposed creating a law in Erie County to address cyberbullying after the death of 14-year-old Jamey Rodemeyer. Jamey, a Williamsville North High School freshman, committed suicide in September after complaining of being bullied online for years.

The Niagara County Legislature last month passed a similar law banning cyberbullying, and three other counties have also prohibited online bullying.

"In the counties," Rath said, "we can't wait, and we have to take the lead."

djgee@buffnews.comnull