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California Court Rules Cyber-Bullying Is Not Free Speech
Online threats of violence and acts of cyber-bullying are not protected free speech. That's according to a California appeals court that upheld a decision from a lower court, allowing a hate crimes and defamation suit (PDF) to continue. The case dates back to 2005, when a then 15-year-old student at a private high school in Los Angeles launched a personal Web page to promote his pursuit of a film and singing career.
When his classmates discovered the site, the student, who used the pseudonym Danny Alexander, became the target of threats and derogatory taunts regarding his alleged homosexuality. Danny was encouraged by police and school officials to transfer schools (which he did), though the investigation ended with police deciding not to pursue criminal prosecution. Danny's parents (understandably) felt the need to secure some sense of justice, and sued six students and their parents for hate crimes and defamation.
The defendants argued that their taunts, such as "faggot, I'm going to kill you," were made in a "jocular manner." One student claimed that Danny's blatant self-promotion and arrogant attitude offended the Buddhist call for "quiet understatement." That defendant, however, never identified himself as a practicing Buddhist, and responded to Danny's narcissism by threatening to kill him with an ice pick.
The judges ruling in the majority referred to the posted messages as "unequivocal" and "serious expression[s] of intent to inflict bodily harm." Even if the threats of violence were empty, claims that you plan to put an ice pick through someone's head or rip their heart out aren't usually made in a "jocular manner." Sending a similar threat via snail-mail would not fall under the guise of free speech, so we see no reason that this should be any different. [From: Wired]
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Comments
3
Subscribe to commentsT.RMar 21st 2010 10:41PM
This story/event brings me pause. While I believe that no one should ever convey such life-threatening statements, whether via 'snail-mail' email or otherwise, I'm concerned that free speech is no longer free speech. People should not threaten others' lives. But people of the U.S. should have the freedom to say anything they wish to say under the 1st amendment of our constitution (of the USA). I'm disappointed that these speech rulings have taken place, as have many rulings against free speech in the past 93 years. I just wish that people appreciate the freedom this country and its values afford, and that people teach their children to appreciate/respect them as well. Maybe then we wouldn't have to rule-away all of our freedoms because of a few Narcissists and their (for lack of a better word,) Idiocy.
leeMar 26th 2010 2:41AM
Harvard Westlake----- The school for the elite bullies.
VivianApr 14th 2010 5:58PM
“The First Amendment protects words that persuade, not words that incite.” -Unknown.
This is a quote one of my favorite quotes. It is important to remember that free speech like any of our other freedoms come with responsibilities. Harassment is a form of mental assault, it certainly can be as harmful as beating someone with a ball bat.
When the harassment includes threats of bodily injury, or death these types of threats should be taken seriously. It should not matter if it by phone, e-mail, a letter or delivered personally. What is disturbing about this case is that standard lazy police handling.
The offending children and their parents should have been put on notice that the harassment must stop and if any harm came to the boy, they would be investigated and punished for their role in it – including just inciting others. Instead, they suggested that the boy go to school elsewhere.