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IS cyberstalking protected by the 1st Amendment? - 8/29/2011 9:25:57 AM   
Fightdirecto


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Case of 8,000 Menacing Posts Tests Limits of Twitter Speech

quote:

Even the Buddha of compassion might have been distressed to be on the receiving end of the diatribes that William Lawrence Cassidy is accused of posting on Twitter.

They certainly rattled Alyce Zeoli, a Buddhist leader based in Maryland. Using an ever-changing series of pseudonyms, the authorities say, Mr. Cassidy published thousands of Twitter posts about Ms. Zeoli. Some were weird horror-movie descriptions of what would befall her; others were more along these lines: “Do the world a favor and go kill yourself. P.S. Have a nice day.”

Those relentless tweets landed Mr. Cassidy in jail on charges of online stalking and placed him at the center of an unusual federal case that asks the question: Is posting a public message on Twitter akin to speaking from an old-fashioned soapbox, or can it also be regarded as a means of direct personal communication, like a letter or phone call?

Twitter posts have fueled defamation suits in civil courts worldwide. But this is a criminal case, invoking a somewhat rarely used law on cyberstalking. And it straddles a new, thin line between online communications that can be upsetting — even frightening — and constitutional safeguards on freedom of expression.

Federal authorities say Mr. Cassidy’s Twitter messages caused Ms. Zeoli “substantial emotional distress” and made her fear for her life, so much so that she once did not leave home for 18 months and hired armed guards to protect her residence.

In a complaint filed in federal court in Maryland, the Federal Bureau of Investigation concluded that Mr. Cassidy had published 8,000 Twitter posts, almost all of them about Ms. Zeoli and her Buddhist group, along with similar posts on several blogs.

Mr. Cassidy’s lawyers with the federal public defender’s office argue that even offensive, emotionally distressing speech is protected by the First Amendment when it is conveyed on a public platform like Twitter. Legal scholars say the case is significant because it grapples with what can be said about a person, particularly a public person like a religious leader, versus what can be said to a person.

Is a comment on Twitter or on a public Facebook page protected by the 1st Amendment as "freedom of speech"?

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 9:44:31 AM   
Lucylastic


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8000 goes beyond being just an ass.
She should have had him sorted out after the first hundred. libel or defamation cant be proven?
personally I would not settle for a just court case, but being in the US..Yay for free speech *Burp*


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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 9:56:55 AM   
Louve00


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I don't know anything about twitter, but you can report a person on facebook.  You can block them and/or report them.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 10:25:22 AM   
tazzygirl


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Problem is this is a public figure vs a private one.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 10:38:58 AM   
DomKen


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Saying mean things is certainly protected but threats of harm, which at least some of the messages were, is not.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 10:44:17 AM   
DeviantlyD


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I would say that posting messages on a public site is not stalking in the sense that the person it was directed towards never had to read his posts. (Ignorance is bliss. ;) However, given that he posted the volume of posts that he did would indicate a definite intent towards harassment, which changes things.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 11:03:12 AM   
tazzygirl


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Harassment I agree with.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 6:16:16 PM   
Arpig


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quote:

Saying mean things is certainly protected but threats of harm, which at least some of the messages were, is not.
There's your answer right there.

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RE: IS cyberstalking protected by the 1st Amendment? - 8/29/2011 7:15:14 PM   
TheHeretic


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If there were actual threats made, then the medium shouldn't matter.  If he has done his dance without crossing that line, then yes, my opinion is that he should be protected from prosecution by the First Amendment.

Personally, I'd say the dude is a complete pussy.  What's the challenge of being a bully in a room full of pacifists?



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