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Tags free speech issues , trolling

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Old 13th September 2011, 07:41 AM   #1
Skepticemea
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4 months for "Trolling"

Reading man jailed for "trolling"

I abhor what he did but am also disturbed that he has been jailed.
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Old 13th September 2011, 07:47 AM   #2
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Is this type of sentence, and the additional ban on the use of social networking sites, the norm in England? I suspect this would be protected speech over here.
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Old 13th September 2011, 07:49 AM   #3
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Agree on both counts. Terrible thing to do, but jail?
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Old 13th September 2011, 07:49 AM   #4
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Originally Posted by Skepticemea View Post
Reading man jailed for "trolling"

I abhor what he did but am also disturbed that he has been jailed.
Not saying twas right or wrong but it's nothing new is it? People have been jailed for sending "...a communication of an indecent or offensive nature..." for as long as we've had the likes of a postal service.
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Last edited by Darat; 13th September 2011 at 08:01 AM. Reason: +'
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Old 13th September 2011, 07:52 AM   #5
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Indecent...

offensive nature...

Surely would be protected speech here in the US.
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Old 13th September 2011, 07:57 AM   #6
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Yet in the USA people have been jailed for sending obscene materials by post. Read, selling porn DVDs online. It seems to me like protected speech has its limits over there too.
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Old 13th September 2011, 08:04 AM   #7
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Originally Posted by Monketey Ghost View Post
Indecent...

offensive nature...

Surely would be protected speech here in the US.
For Utah: http://attorneygeneral.utah.gov/854.html

Quote:
...snip...

However, the government can regulate the following four things:
  1. Sending obscene material through the mail (18 U.S.C. 1461);
  2. Distribution of pornography (76-10-1204 U.C.A.);
  3. Mailing material with indecent pictures or words on the wrapper
  4. or envelope (18 U.S.C. 1463); and
  5. Continuing to send material after you file a prohibitory order (39 U.S.C. 3008 and 3010).



...snip...
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Old 13th September 2011, 08:07 AM   #8
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This is another one of those areas (privacy is another one) that seems to cause some shock in folk when they find that the "teh interweb" is being treated like we've always treated stuff.
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Old 13th September 2011, 08:11 AM   #9
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he's clearly a horrible person, but being a horrible person isn't enough for a jail sentence in my opinion.
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Old 13th September 2011, 08:12 AM   #10
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What the man did was obviously a disgusting thing to do, but four months of jail? If this had happened in the US I'd have said "only in America.", but it seems that is not so.
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Old 13th September 2011, 08:15 AM   #11
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Originally Posted by Darat View Post
For context though, these are regulated that way because they use the mail, a public utility. In the US mail is more controlled and less protected by free speech rights than other media of communication.

Of course you can find examples of individuals charged for stupid things like swearing in front of a minor, but for the most part, freedom of speech here is protected even into the realm of the offensive.

That's why the WBC can stand a certain distance from an ongoing funeral holding signs and chanting that the deceased is burning in hell.
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Old 13th September 2011, 08:18 AM   #12
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There you go. That's what happens So now Yrreg, Epix, DOC, Bill Thompson and the like... watch it from now on!
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Old 13th September 2011, 08:22 AM   #13
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Originally Posted by Darat View Post
This is another one of those areas (privacy is another one) that seems to cause some shock in folk when they find that the "teh interweb" is being treated like we've always treated stuff.
I'm no lawyer. On the surface, it seems different to have legislation about sending material privately from one party to another, and protected speech .

For example, 18 U.S.C 1461 is specially about mailing this material. It would be not illegal based on this law to hand out flyers on the street, to say this stuff to another person, etc. Certainly it goes on all the times on the streets of Vegas.

I think most people view forums and such as public speech (not sure that is a legal term, hopefully my meaning is clear) rather than something akin to mailing.

For example, read the law(source) - you are not allowed to mail informa
tion about abortions! It's a really outdated law, I would think, in most people's mind, and we certainly wouldn't think that people should not be allowed to talk about abortion, or post about it on a forum. Yet, for some reason, you can't mail information about abortion.

Quote:
Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information...or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed,

Again, I am no lawyer, but I read that as saying you can't mail information about planned parenthoood, or information about drugs that induce abortion, etc. I would certainly be very surprised if I wasn't allowed to provide somebody information about abortions via speech or an internet forum.
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Old 13th September 2011, 08:24 AM   #14
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I think an appropriate punishment for this guy would be to set up a web site about him with a message board where posters can make fun of him and humiliate him.
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Old 13th September 2011, 08:24 AM   #15
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Originally Posted by Monketey Ghost View Post
Indecent...

offensive nature...

Surely would be protected speech here in the US.
Maybe that is the problem rather than the fact the guy got a few weeks in jail for cruel behavior.

I don't think the first amendment would suffer for stopping this kind of 'speech'. I doubt the guy could make a case that he had anything to say with that behavior. Seems more like he needs a psychiatrist. I don't think a schizophrenic harassing someone by ranting at them on the street would be seen as protected by free speech rights, for a comparable example.
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Old 13th September 2011, 08:29 AM   #16
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Do you mean by 'speech', speech?

Why does anyone have to make a case for what they say?

~is my two cents.
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Old 13th September 2011, 08:30 AM   #17
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Originally Posted by roger View Post

I'm no lawyer. On the surface, it seems different to have legislation about sending material privately from one party to another, and protected speech .

For example, 18 U.S.C 1461 is specially about mailing this material. It would be not illegal based on this law to hand out flyers on the street, to say this stuff to another person, etc. Certainly it goes on all the times on the streets of Vegas.

I think most people view forums and such as public speech (not sure that is a legal term, hopefully my meaning is clear) rather than something akin to mailing.

For example, read the law(source) - you are not allowed to mail informa
tion about abortions! It's a really outdated law, I would think, in most people's mind, and we certainly wouldn't think that people should not be allowed to talk about abortion, or post about it on a forum. Yet, for some reason, you can't mail information about abortion.


Again, I am no lawyer, but I read that as saying you can't mail information about planned parenthoood, or information about drugs that induce abortion, etc.
I'm in agreement with you, our legal systems are definitely lagging behind how society views these things and I think your "...forums and such as public speech.." is why people are shocked to find it's being dealt with like say making a nuisance phone call.

Yet saying that I suspect that if you ask someone over here in the UK should someone be prosecuted for say making nuisance phone calls (includes heavy breathing, obscene comments and the like) they would say yes. As ever society's mores are contradictory and ever so slightly incoherent!
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Old 13th September 2011, 08:36 AM   #18
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Originally Posted by Darat View Post
Yet saying that I suspect that if you ask someone over here in the UK should someone be prosecuted for say making nuisance phone calls (includes heavy breathing, obscene comments and the like) they would say yes. As ever society's mores are contradictory and ever so slightly incoherent!
Hmm, interesting analogy, and I would agree with you. I'm trying to parse why I think so, and the main reason is it is a private mechanism, but I'm not sure how rational that is. I certainly don't feel I should be protected from somebody saying "you are an idiot" to me on the street or on this forum (I'm talking legally, not about the forum rules). Interesting.
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Old 13th September 2011, 08:40 AM   #19
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When I first read the article, I misunderstood and thought that his posts were part of the bullying that led to the suicide, and found the sentence appropriate, if a bit light. Then as I read further, I realized that he made his posts to sites set up to memorialize young people who died prematurely and I realized he was just being a major league asshat.

But as others have mentioned, in most western democracies, it is not against the law to be an asshat, so the jail does seem a bit extreme. Even so, I still find it difficult to muster up much sympathy for the guy.
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Old 13th September 2011, 08:41 AM   #20
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Poison pen letter writers have been gaoled in the past:

http://www.telegraph.co.uk/news/ukne...is-jailed.html

http://www.telegraph.co.uk/news/ukne...-campaign.html
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Old 13th September 2011, 09:06 AM   #21
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Only 4 months?

This guy was a (hint: Moby --) and needs something harsher to get to his senses. A year sounds better.
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Old 13th September 2011, 09:06 AM   #22
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I'm torn, this sentence seems excessive yet I have to consider the upset this must have caused for the relatives of the girl and wonder if this factored in to the judges decision.

What a sick thing to do and for what reason?

This case is not isolated and perhaps this sentence will send a message to these "jokers".
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Old 13th September 2011, 09:10 AM   #23
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It must be nice for the UK when they have enough space in jails to imprison people for being jerks.

At least it seems like a better reason to jail someone than drug use.
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Old 13th September 2011, 09:11 AM   #24
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Originally Posted by JJM 777 View Post
Only 4 months?

This guy was a (hint: Moby --) and needs something harsher to get to his senses. A year sounds better.
I'm not sure 4 months in prison will stop this bloke being a complete tool. Will probably just introduce him to a few more of them.
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Old 13th September 2011, 09:41 AM   #25
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Didn't some record store owner get jailed for selling gangsta-rap records in the early 90's?


ETA: Yep, in 1990...http://www.nytimes.com/1990/10/02/us...rew-album.html
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Old 13th September 2011, 09:46 AM   #26
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Originally Posted by Sabretooth View Post
Didn't some record store owner get jailed for selling gangsta-rap records in the early 90's?
.
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Old 13th September 2011, 09:58 AM   #27
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You'll really run a tight (authoritative) ship don't cha.
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Old 13th September 2011, 10:05 AM   #28
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Originally Posted by roger View Post
Hmm, interesting analogy, and I would agree with you. I'm trying to parse why I think so, and the main reason is it is a private mechanism, but I'm not sure how rational that is. I certainly don't feel I should be protected from somebody saying "you are an idiot" to me on the street or on this forum (I'm talking legally, not about the forum rules). Interesting.
I've used the analogy with nuisance calls in a few conversations with people and it seems to generate the same conflict with most folk, it's a strange one.
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Aleksandr Solzhenitsyn 1918-2008
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Old 13th September 2011, 10:42 AM   #29
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Originally Posted by Monketey Ghost View Post
Do you mean by 'speech', speech?

Why does anyone have to make a case for what they say?

~is my two cents.
I think one can make the distinction between getting your kicks by harassing people and the intent of the Constitution in regards to the right to free speech.
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Old 13th September 2011, 10:48 AM   #30
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I'm glad he's in jail, I just hope the slope isn't too slippery.
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Old 13th September 2011, 10:53 AM   #31
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Quote:
I think one can make the distinction between getting your kicks by harassing people and the intent of the Constitution in regards to the right to free speech.
Or as the case may, the right to free speech is protected by the ECHR.
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Old 13th September 2011, 10:53 AM   #32
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Originally Posted by Sabretooth View Post
Didn't some record store owner get jailed for selling gangsta-rap records in the early 90's?


ETA: Yep, in 1990...http://www.nytimes.com/1990/10/02/us...rew-album.html
I read up on that back-story and was amazed at the number of people back then were recently in the news. Jack Thompson, the now disbarred anti-video game crusader, was the man who started it all. Dr. Gates, Jr, the black man who was arrested by a white police officer for breaking into his own house and later sat down for a beer with said police officer and the President, testified in defense of the band when they were charged with obscenity.

In the end, the appeals courts shut down the obscenity charges, however.
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Old 13th September 2011, 11:16 AM   #33
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The perpetrator is being described on the news as having Asperger's syndrome.

Rolfe.
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Old 13th September 2011, 11:46 AM   #34
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I expect it would have been different if he had confined himself to ranting on his own blog/Facebook/Twitter.
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Old 13th September 2011, 11:50 AM   #35
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Originally Posted by Lamuella View Post
he's clearly a horrible person, but being a horrible person isn't enough for a jail sentence in my opinion.
Speaking only for me - I think it's freakin' funny! Serves him right.
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Old 13th September 2011, 11:54 AM   #36
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Originally Posted by Greedo View Post
What the man did was obviously a disgusting thing to do, but four months of jail? If this had happened in the US I'd have said "only in America.", but it seems that is not so.
Only in Britain!

Seriously, it is not. Several countries already have laws against anonymous online bullying.

Which I happen to agree with. Part of free speech is taking responsibility for what you say. I do not believe in a right of anonymous free speech.
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Old 13th September 2011, 11:57 AM   #37
Sabretooth
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Originally Posted by TubbaBlubba View Post
I'm glad he's in jail, I just hope the slope soap isn't too slippery.
ftfy
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Old 13th September 2011, 12:03 PM   #38
Mark6
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Oh, that's unnecessarily cruel. I am all for smooth and slippery soap.
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Old 13th September 2011, 12:12 PM   #39
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Originally Posted by Darat View Post
I've used the analogy with nuisance calls in a few conversations with people and it seems to generate the same conflict with most folk, it's a strange one.
The more I think about this guy, I think his actions are more comparable to those of Fred Phelps. He goes to public spaces set aside to mourn the loss of a loved one, and figuratively defecates on their grave in front of all of the mourners. 100% despicable, but not criminal.
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Old 13th September 2011, 12:22 PM   #40
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Maybe the authorities were seriously inspired by this movie

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