PDA

View Full Version : the end of free speech? cyberbullying now a crime....



digital kemical
05-20-2009, 01:28 AM
pretty creppy to think you get go to jail for this stuff, I mean, I thought this was america god damn it :pullhair :wallbang :lostit :shuffle:hmmm :yourcrazy

so some 13 year old commits suicide and now you can go to jail because of it, pretty crazy if you ask me.

http://www.foxnews.com/politics/2009/05/14/cyberbullying-ensnare-free-speech-rights/

A bill introduced in the House of Representatives last month by Rep. Linda Sanchez, D-Calif., is designed to prevent cyberbullying, making it punishable by a fine and up to two years in prison.

The bill is named after Megan Meier, the Missouri 13-year-old who committed suicide in 2006 after a classmate's mother, Lori Drew, pretended to be a teenage boy and tormented her on the MySpace social-networking site.


Drew was convicted in November of three misdemeanors in federal court and awaits sentencing. She faces up to three years in prison.

ShaE
05-20-2009, 10:00 AM
cyberbullying isn't restricting free speech, you don't have the right to harrass, slander, or attack somebody without consequence.
you can say what you want but if you affect them and their lives to a certain degree you will have to answer for it, same if i wrote falsehoods about you in a publication, caused your livelihood to be affected, you could sue me.

is that my free speech being trampled? no, i don't have the right to drag your name through the mud without punishment.
this woman signed up on a site under a false name, pretended to be someone else to manipulate a CHILD, and tormented/harrassed the kid. that's not responsible adult behavior, it's not legal use of the site (using a false name/identity), and it's certainly not ethical.

there are and always have been restrictions on what you can say to other people.
are you gonna tell me prohibiting sexual harrassment in the workplace is the end of free speech too?

come on. our rights are not without limits when it comes to others.

jameznyhc
05-20-2009, 10:07 AM
ive seen much worse said online ..and or embarassment to others.. guess what its not against the law to tease people online or humiliate them .. or slander them ..thats life

ShaE
05-20-2009, 10:08 AM
and she was convicted of "misusing the site" not of "cyberbullying", the victim said to be myspace and their business, not the little girl who killed herself.

it's actually kinda weird how they wound up finding her guilty of that, interesting technicality.

jameznyhc
05-20-2009, 10:10 AM
and she was convicted of "misusing the site" not of "cyberbullying", the victim said to be myspace and their business, not the little girl who killed herself.

it's actually kinda weird how they wound up finding her guilty of that, interesting technicality.

yeah its ridiculous cause im sure millions do make up aliases like we see on this site.. to prosecute is a joke, i understand she broke myspace rules but where the criminal action?

ShaE
05-20-2009, 10:11 AM
ive seen much worse said online ..and or embarassment to others.. guess what its not against the law to tease people online or humiliate them .. or slander them ..thats life
it is against the law to slander them, but not to tease, there's a line that you cross. if you affect somebody's reputation and their ability to earn money, you can be taken to court and held legally responsible.


slander<SCRIPT language=JavaScript><!--function openPopupWindow(targURL) { var version = parseInt(navigator.appVersion); if (version >= 4) var MyWin = window.open(targURL,'_new','height=500,width=700,s crollbars=yes,resizable=yes,status=yes,menubar=yes '); }//--></SCRIPT>

<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=dottedline width="100%" height=1>
</TD></TR></TBODY></TABLE>
A type of defamation (http://www.nolo.com/definition.cfm/term/E0563767-C3CE-42B0-90107F29AF588A6C). Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (http://www.nolo.com/definition.cfm/term/0103693A-305B-4122-BB9F564EF0CF5257) (a civil (http://www.nolo.com/definition.cfm/term/B315ED17-54C3-43FC-ABB42C8063CA9546) wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media -- for example, over the radio or on TV -- it is considered libel (http://www.nolo.com/definition.cfm/term/7613C25C-8E5D-47A5-9E0D93B952DE16E7), rather than slander, because the statement has the potential to reach a very wide audience.

tort<SCRIPT language=JavaScript><!--function openPopupWindow(targURL) { var version = parseInt(navigator.appVersion); if (version >= 4) var MyWin = window.open(targURL,'_new','height=500,width=700,s crollbars=yes,resizable=yes,status=yes,menubar=yes '); }//--></SCRIPT>

<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=dottedline width="100%" height=1>
</TD></TR></TBODY></TABLE>
An injury to one person for which the person who caused the injury is legally responsible. A tort can be intentional -- for example, an angry punch in the nose -- but is far more likely to result from carelessness (called "negligence"), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement -- libel (http://www.nolo.com/definition.cfm/term/7613C25C-8E5D-47A5-9E0D93B952DE16E7), slander (http://www.nolo.com/definition.cfm/term/85BAB88B-0660-4AB6-A2F5C32E716A6D52) and the "intentional infliction of mental distress" are on a good-sized list of torts not based on a physical injury.

ShaE
05-20-2009, 10:12 AM
yeah its ridiculous cause im sure millions do make up aliases like we see on this site.. to prosecute is a joke, i understand she broke myspace rules but where the criminal action?
obviously it's not a joke, b/c myspace owns their own site and if they don't want to permit people to use multiple names, or register under false names, that is 100% their right to say.

especially if such activity results in the abuse or harassment of other users, they can 100% prosecute, their rules.

understand that if you do that, there will be consequences, in this case, very serious ones and i don't blame them for using it as a way of taking action.

if it was your kid that was manipulated by an adult on the site, tormented, bullied, and hung herself in a closet i'm sure you'd see.

jameznyhc
05-20-2009, 10:12 AM
it is against the law to slander them, but not to tease, there's a line that you cross. if you affect somebody's reputation and their ability to earn money, you can be taken to court and held legally responsible.


slander<SCRIPT language=JavaScript><!--function openPopupWindow(targURL) { var version = parseInt(navigator.appVersion); if (version >= 4) var MyWin = window.open(targURL,'_new','height=500,width=700,s crollbars=yes,resizable=yes,status=yes,menubar=yes '); }//--></SCRIPT>

<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=dottedline width="100%" height=1>
</TD></TR></TBODY></TABLE>
A type of defamation (http://www.nolo.com/definition.cfm/term/E0563767-C3CE-42B0-90107F29AF588A6C). Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (http://www.nolo.com/definition.cfm/term/0103693A-305B-4122-BB9F564EF0CF5257) (a civil (http://www.nolo.com/definition.cfm/term/B315ED17-54C3-43FC-ABB42C8063CA9546) wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media -- for example, over the radio or on TV -- it is considered libel (http://www.nolo.com/definition.cfm/term/7613C25C-8E5D-47A5-9E0D93B952DE16E7), rather than slander, because the statement has the potential to reach a very wide audience.

tort<SCRIPT language=JavaScript><!--function openPopupWindow(targURL) { var version = parseInt(navigator.appVersion); if (version >= 4) var MyWin = window.open(targURL,'_new','height=500,width=700,s crollbars=yes,resizable=yes,status=yes,menubar=yes '); }//--></SCRIPT>

<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=dottedline width="100%" height=1>
</TD></TR></TBODY></TABLE>
An injury to one person for which the person who caused the injury is legally responsible. A tort can be intentional -- for example, an angry punch in the nose -- but is far more likely to result from carelessness (called "negligence"), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement -- libel (http://www.nolo.com/definition.cfm/term/7613C25C-8E5D-47A5-9E0D93B952DE16E7), slander (http://www.nolo.com/definition.cfm/term/85BAB88B-0660-4AB6-A2F5C32E716A6D52) and the "intentional infliction of mental distress" are on a good-sized list of torts not based on a physical injury.

thats like saying we can sue for being called racist ..thats slanderous is it not? lol

jameznyhc
05-20-2009, 10:13 AM
obviously it's not a joke, b/c myspace owns their own site and if they don't want to permit people to use multiple names, or register under false names, that is 100% their right to say.

especially if such activity results in the abuse or harassment of other users, they can 100% prosecute, their rules.

im not saying they dont have a right ..im asking whats criminal?

ShaE
05-20-2009, 10:15 AM
thats like saying we can sue for being called racist ..thats slanderous is it not? lol
you could 100%. if somebody called you racist, and you could prove it negatively affected your business or your reputation significantly, you could take them to court. the whole key is proving how it damaged you and your livelihood, if you can't do that, you don't have much of a case.

ShaE
05-20-2009, 10:15 AM
im not saying they dont have a right ..im asking whats criminal?
clearly her breaking their terms of use and abusing the site, that's what she was found guilty of.(basically)

jameznyhc
05-20-2009, 10:20 AM
you could 100%. if somebody called you racist, and you could prove it negatively affected your business or your reputation significantly, you could take them to court. the whole key is proving how it damaged you and your livelihood, if you can't do that, you don't have much of a case.

i highly doubt dmitry would allow that if true .. can you imagine the lawsuits if everyone tried suing when slandered, insulted, etc it would be a joke and the death of messageboards/ social networking as we know it

eL FryEdo
05-20-2009, 10:29 AM
im suing metfan

woo
05-20-2009, 11:53 AM
im all for it.
pple can get married divorced killed stalked and terrorized.... if it's all fair play then it's all fair game.
welcome to the future.

ShaE
05-20-2009, 02:30 PM
i highly doubt dmitry would allow that if true .. can you imagine the lawsuits if everyone tried suing when slandered, insulted, etc it would be a joke and the death of messageboards/ social networking as we know it
jamez, it's true, if you can prove your livelihood or business, etc has suffered b/c of a false statement somebody made and spread publicly about you, you can take them to court. it's EXTREMELY hard to prove though, not easy.

look it up lol

ShaE
05-20-2009, 02:31 PM
and no, not everybody can/will do it, b/c not everybody has the time or money to be in court and hire a lawyer to make a case of an insult, nevermind prove how it's irreparably damaged their life.

ShaE
05-20-2009, 02:32 PM
how do you think celebrities sue tabloids for false rumors??? exactly the same. they damage their name they damage their business, they have plenty of money to fight them, so they do.

eL FryEdo
05-20-2009, 02:34 PM
there was a recent case in the paper ... where a psychologist was accused of having hidden cameras and is now suing for like $5 million because of it

eL FryEdo
05-20-2009, 02:35 PM
http://www.nydailynews.com/news/2009/05/13/2009-05-13_shrink_sues_city_on_peeping_tom_false_rap.html? print=1&page=all

darius
05-20-2009, 03:11 PM
once again . . . chalk one up for the knee-jerk (over)reactors

i swear, it seems every year a whole new clusterfuck of laws get passed that are nothing more than knee-jerk reactions to specific incidents. if it were up to me, i would take all the funding and expense that was used to bring these nuisance laws to fruition and set up programs that would provide long-term, sustainable benefit

did anyone ever think of incorporating an internet-etiquette/ethics class (or something that teaches kids about the do's & don'ts of using the internet and train them to be able to spot bullshit) for say 5th graders & up as part of the compulsory educational program -- just like we have English, Math, Science, etc?

ShaE
05-21-2009, 10:58 AM
once again . . . chalk one up for the knee-jerk (over)reactors

i swear, it seems every year a whole new clusterfuck of laws get passed that are nothing more than knee-jerk reactions to specific incidents. if it were up to me, i would take all the funding and expense that was used to bring these nuisance laws to fruition and set up programs that would provide long-term, sustainable benefit

did anyone ever think of incorporating an internet-etiquette/ethics class (or something that teaches kids about the do's & don'ts of using the internet and train them to be able to spot bullshit) for say 5th graders & up as part of the compulsory educational program -- just like we have English, Math, Science, etc?
of course, but the problem here was an adult, not a kid. and a kid should not be expected to detect when they are being manipulated and harassed by an adult online.

what are we going to do about the adults that are without ethics or morals and do these things?