In view of the New York attorney general and governor’s call to criminalize the making and online posting of videos and images by the perpetrator of a homicide—while penalizing people who re-share or re-post them—the potential for infringing on First Amendment rights is worth a close watch, legal observers said Wednesday.

Attorney General Letitia James and Gov. Kathy Hochul made the request on Tuesday as James released a 49-page report about the role of social media platforms in the racially motivated mass shooting that resulted in the death of 10 Black people on May 14 outside of a Tops grocery store in Buffalo, Hochul’s home city.

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