The ruling came after a retired Air Force Major, Richard Rynearson III, sued to have the law overturned. He claimed that Kitsap County threatened to prosecute him under the cyberstalking law for criticizing an activist involved with a memorial to Japanese victims of US internment camps during World War II. While Rynearson would use "invective, ridicule, and harsh language," the judge said, his language was neither threatening nor obscene.

Officials had contended that the law held up because it targeted conduct, not the speech itself. They also maintained that Rynearson hadn't shown evidence of a serious threat -- just that the prosecutor's office would see how Rynearson behaved and take action if necessary. A county court had already tossed out the activist's restraining order against Rynearson over free speech.

It's not clear whether Washington will appeal the decision. If the ruling stays, though, it could force legislators to significantly narrow the scope if it wants a cyberstalking law to remain in place. This might also set a precedent that could affect legislation elsewhere in the country.