Nearly three months in prison for telling a joke in UK
Curlywurly wrote:
I've been thinking about this subject over the weekend. In this case, no legal action should be taken I agree.
It is an absolute disgrace. This man should never even have been arrested. That he is increasingly adds up to a chilling effect on free speech. Facebook of course have the right to issue a warning, or suspend and ban his account as they see fit, because it's private property. People have a peaceful right to take him to task and and discourage his behaviour (within reason - i.e. no lynch mobs) but the idea that you can be prosecuted for making a few nasty comments on one's Facebook page (note: I'm not talking about deliberately seeking out the girl's family or friends and shouting abuse at them) or making a few off-colour jokes is absolutely obscene, and something that people should be deeply offended by.
Curlywurly wrote:
But the larger topic of cyber bullying and harassment is something I personally have real issue with
This wasn't harassment or cyber-bullying. There were no threats to the victim's family. He never even contacted the family, and doesn't know the famiily. He didn't send threats of harm or abuse to the family. He didn't even bombard tribute pages with abuse. He simply posted a few off-colour jokes and made comments on his personal page. It was other people who got 'offended' by them and started up a lynch mob.
Curlywurly wrote:
I think doing stuff like this comes close to harassment / bullying, but I guess it isn't on the same level.
It's not harassment or bullying of anyone, any more than people telling sick jokes about 9/11 harasses the victim's families. It's insensitive, so you probably wouldn't tell them to the families of those that suffered in the attack, but I stand by people's right to make such jokes if they wish.
The best medicine for idiots like this is for people who he looks up to to have a go at him and show him that socially, it's not a wise course of action. It shouldn't be illegal, but people say a lot of stupid things about themselves and others that, on reflection, are best left unsaid.
Curlywurly wrote:
What this guy did is the internet equivalent of taking a megaphone and standing in a high street and telling sick jokes.
No, it isn't. It's more the equivalent of some idiot in a pub loudly telling sick jokes. In a pub setting, people would probably tell the chap to be quieter and more discreet about telling them. They wouldn't go and set up a lynch mob.
Curlywurly wrote:
So I just think he's actually incredibly stupid.
Being an idiot shouldn't be a crime. He should just be treated like an idiot for a while and socially ignored.
Curlywurly wrote:
It should be an issue for Facebook to moderate, but obviously that's practically impossible due to the number of users.
Facebook should clamp down on this sort of thing if they feel the need to but I think a better way for people to show their anger is to "unfriend" him.
Curlywurly wrote:
So yes, I agree freedom of speech includes the right to make sick jokes, but directly targeting individuals is not ok
He didn't target individuals - he made a few off-colour jokes and remarks about a case in the media.
AspieRogue wrote:
Here in the United States, freedom of speech IS more or less an absolute right, with a few notable exceptions:
-Child Pornography
-Obscenity(these laws are eroding for adult pornography)
-Threats of bodily harm
-Copyright restrictions(unfortunately)
However, "hate speech" and "fighting words/offensive speech" most certainly are protected by the first amendment. And unfortunately, so is incitement to commit suicide/emotional violence. I very much want to put an end to Youtube censorship of music videos and movie clips based on copyright laws but that's a topic for another thread. Slander/libel are not criminal offenses but someone who feels they've been a victim of libel or slander can certainly file a lawsuit.
-Child Pornography
-Obscenity(these laws are eroding for adult pornography)
-Threats of bodily harm
-Copyright restrictions(unfortunately)
However, "hate speech" and "fighting words/offensive speech" most certainly are protected by the first amendment. And unfortunately, so is incitement to commit suicide/emotional violence. I very much want to put an end to Youtube censorship of music videos and movie clips based on copyright laws but that's a topic for another thread. Slander/libel are not criminal offenses but someone who feels they've been a victim of libel or slander can certainly file a lawsuit.
You are quite wrong on a couple of issues.
"Fighting words" is, in fact, an American exception to free speech unprotected by the First Amendment. See Chaplinsky v. New Hampshire (1942) 315 U.S. 568. https://supreme.justia.com/cases/federa ... /case.html
And at least 19 states criminalize defamation.
_________________
--James
visagrunt wrote:
AspieRogue wrote:
Here in the United States, freedom of speech IS more or less an absolute right, with a few notable exceptions:
-Child Pornography
-Obscenity(these laws are eroding for adult pornography)
-Threats of bodily harm
-Copyright restrictions(unfortunately)
However, "hate speech" and "fighting words/offensive speech" most certainly are protected by the first amendment. And unfortunately, so is incitement to commit suicide/emotional violence. I very much want to put an end to Youtube censorship of music videos and movie clips based on copyright laws but that's a topic for another thread. Slander/libel are not criminal offenses but someone who feels they've been a victim of libel or slander can certainly file a lawsuit.
-Child Pornography
-Obscenity(these laws are eroding for adult pornography)
-Threats of bodily harm
-Copyright restrictions(unfortunately)
However, "hate speech" and "fighting words/offensive speech" most certainly are protected by the first amendment. And unfortunately, so is incitement to commit suicide/emotional violence. I very much want to put an end to Youtube censorship of music videos and movie clips based on copyright laws but that's a topic for another thread. Slander/libel are not criminal offenses but someone who feels they've been a victim of libel or slander can certainly file a lawsuit.
You are quite wrong on a couple of issues.
"Fighting words" is, in fact, an American exception to free speech unprotected by the First Amendment. See Chaplinsky v. New Hampshire (1942) 315 U.S. 568. https://supreme.justia.com/cases/federa ... /case.html
And at least 19 states criminalize defamation.
At a point where the book "Sananic Verses" by Salman Rushdie can largely be considered fighting words, perhaps that should be revisited and have a "unless you're a complete nutjob" clause added to it.
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