Collarspace Discussion Forums


Home  Login  Search 

RE: sexual assault victim could face charges for tweeting names of attackers


View related threads: (in this forum | in all forums)

Logged in as: Guest
 
All Forums >> [Community Discussions] >> Dungeon of Political and Religious Discussion >> RE: sexual assault victim could face charges for tweeting names of attackers Page: <<   < prev  1 2 3 [4] 5   next >   >>
Login
Message << Older Topic   Newer Topic >>
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 2:58:50 PM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
Status: offline
quote:

ORIGINAL: gungadin09

quote:

ORIGINAL: DomKen
On a brighter note, the court order violates her free speech rights...

...in 1979 SCOTUS found a law barring newspapers from printing the legally obtained name of a juvenile offender unconstitutional.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=443&invol=97


...The jurors are prrevented from speaking because the information they obtained came in court. This woman got the information outisde the judicial system and the judge cannot prevent her from telling anyone or even publishing the names by twitter.


Okay, so it's beyond the court's power to restrict the press' right to publish information it obtains *outside* the courtroom, even the names of juvenile offenders. And this girl obtained her information outside the courtroom. But she's not a member of the press, she's a participant in the trial. Why can't the judge enforce his gag order?

Pam

There are a bunch of SCOTUS rulings on this.
Butterworth v Smith ruled that laws barring grand jury witnesses from ever discussing their testimony were unconstitutional.
Oklahoma Publishing Co. V District Court found that a newspaper could reveal a juveniles name even if it was learned from court proceedings.

The argument could come down several ways. First a Twitter posting may be considered to be covered by the freedom of the press in which the 2 cases involving newspapers kick in. Or the order could be challenged on the basis of restricting the victim's speech rights.

The fact that it was a judicial order does make things tricky in that only "transparently invalid" orders can be ignored without appealing first. Although I think a strong argument can be made that this order falls into that zone.

(in reply to gungadin09)
Profile   Post #: 61
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 3:04:35 PM   
gungadin09


Posts: 3232
Joined: 3/19/2010
Status: offline
quote:

ORIGINAL: DomKen
The fact that it was a judicial order does make things tricky in that only "transparently invalid" orders can be ignored without appealing first. Although I think a strong argument can be made that this order falls into that zone.


Good point, thanks.

Pam


_____________________________

[link] www.youtube.com/watch?v=DlvDnbFOkYY [/link]

(in reply to DomKen)
Profile   Post #: 62
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 3:48:53 PM   
KYsissy


Posts: 781
Joined: 5/12/2005
Status: offline 		Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case.

http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers

_____________________________

"If there are no dogs in Heaven, then when I die I want to go where they went."
Will Rogers, 1897-1935

(in reply to gungadin09)
Profile   Post #: 63
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:11:57 PM   
MileHighM


Posts: 400
Joined: 10/8/2009
Status: offline 		I would imagine she has a solid defense since the boys told their friends about their act.....It can already be argued that it was already public knowledge and she divulged nothing that was actually confidential. In reality, at that age, once they shared photos with their friends, you know that information spread like a wildfire especially among classmates. So the judges ruling was merely an exercise in power-ego-stroking masturbation, and therefore meaningless.

(in reply to thishereboi)
Profile   Post #: 64
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:12:57 PM   
MileHighM


Posts: 400
Joined: 10/8/2009
Status: offline 		Hooray!!!

(in reply to KYsissy)
Profile   Post #: 65
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:44:18 PM   
mons


Posts: 2400
Joined: 11/16/2005
Status: offline 		I am one to say give their name up out and the open!

They give plea deals to some of the worse criminals ever!

That poor girl went through hell, why do they do this, give plea deals to
criminals?

They show what they did to her to everyone from what I read if the story on
my homepage!

She has no rights after that, they would had gotten to keep their sercet and go on with their lives!

A dear rape was rape coming home from work, they did not have the special union that help rape victims !
I lost a dear friend she was never the same she drank , and drank! I miss her, I am very glad this girl did this
they did not even mention that they would give the teens a a plea bargain, it just so sad!

She was a victim all over again!

One more thing she had been drinking, I told my son "I do not care if this gril is "butt naked" if she says no it means no"!

It is good she stood up and took a stand ! I just hope she does not go to jail!!

mons (butt naked I think it is a made up word mine) ?


(in reply to DaddySatyr)
Profile   Post #: 66
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 4:50:06 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: KYsissy

Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case.

http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers

It might have had more to do with it not looking good to the Judge to play hardball with the underage victim when the boys were trying to get a lienent sentence next month from the Judge (who could very well have disregarded the plea agreement and given a much harsher sentence).. So, imo, it wasnt any realization that they were wrong, it was the realization that it could backfire on them..

< Message edited by tj444 -- 7/23/2012 4:51:55 PM >

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to KYsissy)
Profile   Post #: 67
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:04:10 PM   
KYsissy


Posts: 781
Joined: 5/12/2005
Status: offline 		I think the fact that it became a big story, And they couldn't do these deals behind closed doors with no one knowing played a big part.



< Message edited by KYsissy -- 7/23/2012 5:06:37 PM >

_____________________________

"If there are no dogs in Heaven, then when I die I want to go where they went."
Will Rogers, 1897-1935

(in reply to tj444)
Profile   Post #: 68
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:17:56 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: KYsissy

I think the fact that it became a big story, And they couldn't do these deals behind closed doors with no one knowing played a big part.

If it became a big story that was imo directly due to them playing hardball and wanting the victim to be charged.. They are the ones that caused the media to jump on it since the media has sources in the police dept and also scours the courthouse for stories like this they can print. Had the boys/lawyers not done that then nothing further would have happened and the media would have found some other story to jump on instead..

< Message edited by tj444 -- 7/23/2012 5:19:04 PM >

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to KYsissy)
Profile   Post #: 69
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:26:51 PM   
thishereboi


Posts: 14463
Joined: 6/19/2008
Status: offline
quote:

ORIGINAL: KYsissy

Contempt charge has been dropped. GOOD!!! Was it Public outcry? The realization that they were just wrong? I don't know. I am not one to paint a sign and take to the streets, but I was ready to do so in this case.

http://www.wdrb.com/story/19091887/louisville-girl-will-not-face-charges-for-tweeting-names-of-attackers


Not sure why they dropped it, but I am glad they did

_____________________________

"Sweetie, you're wasting your gum" .. Albert


This here is the boi formerly known as orfunboi


(in reply to KYsissy)
Profile   Post #: 70
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:28:14 PM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking.

(in reply to tj444)
Profile   Post #: 71
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:30:32 PM   
GotSteel


Posts: 5871
Joined: 2/19/2008
Status: offline
quote:

ORIGINAL: servantforuse
She knew it was wrong and did it anyway.


What she did may be illegal but I certainly don't think it was wrong.

(in reply to servantforuse)
Profile   Post #: 72
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:30:46 PM   
DarkSteven


Posts: 28072
Joined: 5/2/2008
Status: offline
quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: thishereboi
quote:

ORIGINAL: servantforuse
She is a minor.  

So were the defendents and I am sure that their parents had a say in the process. But since the girl wasn't the one who was offered the deal, the girls parents wont have a say in it. That is between the cops and the boys (along with the boys parents and attorneys)


So, the plaintiffs don't have to sign off on a plea deal, too? That strikes me as all sorts of wrong. Are you positive this is the case (and I freely admit I have no idea if that's the case or not)?


Damn, boi's right. I missed that one.

There are no plaintiffs here - that's for a civil trial. This is criminal, in which the state pressed charges against the boys. The girl and her parents were not involved after they presented sufficient evidence to the state to warrant the trial.

_____________________________

"You women....

The small-breasted ones want larger breasts. The large-breasted ones want smaller ones. The straight-haired ones curl their hair, and the curly-haired ones straighten theirs...

Quit fretting. We men love you."

(in reply to DesideriScuri)
Profile   Post #: 73
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:31:05 PM   
thishereboi


Posts: 14463
Joined: 6/19/2008
Status: offline
quote:

ORIGINAL: servantforuse

Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking.


You mean after they were convicted of violating her and sharing the photos with friends? Hell yes. Are you saying you don't see the difference between the two?

_____________________________

"Sweetie, you're wasting your gum" .. Albert


This here is the boi formerly known as orfunboi


(in reply to servantforuse)
Profile   Post #: 74
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:33:40 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: servantforuse

Would everyone here feel a little differently if the two boys violated the court order and outed her on twitter ? Just asking.

the boys have already made it public by bragging to their friends and showing the child porn pics they took of her.. they are charged as a result of making what they did public..

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to servantforuse)
Profile   Post #: 75
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:36:32 PM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		Court proceedings are usually secret and behind closed when minors are involved. Because she violated the court order she might have set herself up for her own civil suit ?  

(in reply to thishereboi)
Profile   Post #: 76
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:39:15 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: servantforuse

Court proceedings are usually secret and behind closed when minors are involved. Because she violated the court order she might have set herself up for her own civil suit ?  

i think her civil suit against them would trump that..

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to servantforuse)
Profile   Post #: 77
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:47:08 PM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		I kind of like what she did, but things like this have unintended consequences. You just can't do some things, and going on twitter in this instance was the wrong thing to do.

(in reply to tj444)
Profile   Post #: 78
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 5:49:23 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
quote:

ORIGINAL: servantforuse

I kind of like what she did, but things like this have unintended consequences. You just can't do some things, and going on twitter in this instance was the wrong thing to do.

not nearly as wrong as what they did.. and if they had not done what they did, she would have never had a reason to tweet their names.. maybe these brain dead boys should have thought about those unintended consequences in the first place..

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

(in reply to servantforuse)
Profile   Post #: 79
RE: sexual assault victim could face charges for tweeti... - 7/23/2012 6:00:04 PM   
mons


Posts: 2400
Joined: 11/16/2005
Status: offline 		This girl is a child, please remember this raped is so horrible, but then
have it shown to others is a mind melter!

Do you remember being 17 and we all did things that would or could had gotten us
into a mess!

She did nothing wrong and she does not know a thing "only her pain but she is hurt
more painfully dehumanized", she had nothing left but her word to say those teens almost destory
her but she made a strong statement, she let everyone know who they were! I pray she makes it gets so much
help she will need, I know what she is going through!!!!


One last thing she has been in shock, this is enough, To make her forget her darn mind!


I am very tough about the subject of rape, I do not mean to come across, as I am angry at you, it is my opinion!!

Mons

(in reply to DaddySatyr)
Profile   Post #: 80
Page:   <<   < prev  1 2 3 [4] 5   next >   >>
All Forums >> [Community Discussions] >> Dungeon of Political and Religious Discussion >> RE: sexual assault victim could face charges for tweeting names of attackers Page: <<   < prev  1 2 3 [4] 5   next >   >>
Jump to:





New Messages No New Messages
Hot Topic w/ New Messages Hot Topic w/o New Messages
Locked w/ New Messages Locked w/o New Messages
 Post New Thread
 Reply to Message
 Post New Poll
 Submit Vote
 Delete My Own Post
 Delete My Own Thread
 Rate Posts




Collarchat.com © 2025
Terms of Service Privacy Policy Spam Policy

0.094