In People v. Cannata, decided a year ago but just posted on Westlaw, defendant was being prosecuted for violating New York's third-degree coercion law, which in relevant part reads,
A person is guilty of coercion in the third degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, …
by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will [among other things, such as causing physical injury,]
[5.] Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or …
[9.] Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
New York City Court judge Nichelle Johnson threw out the charge:
