Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.Read through Volokh's examples of what could be deemed felonies under this bill: criticizing a politician in a blog; sending a nasty email to your former boyfriend, or perhaps using the internet to organize a boycott of a company people are angry at. Once you have these vauge criminalization of of causing "emotional distress" or "hostile behavior," you're opening up the door to all sorts of wacky persecutions before the courts eventually determine that this bill is unconstitutional. It might make the supporters feel good. Who likes bullies? But Congress won't be any more successful in outlawing cyberbullying than they were in outlawing internet porn.
Monday, May 04, 2009
Do Congresspeople even understand the concept of freedom of speech?
Eugene Volokh has the goods on a proposed bill in the House called "the Megan Meier Cyberbullying Prevention Act" designed to end people bullying other people through electronic communication.
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Civil Liberties
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4 comments:
Does it exempt "the press" and politicians?
If not, hoist them on their own petard! In advance!
The very thought of this bill is causing me severe emotional distress. Can we prosecute the sponsors for violating the standards they would impoose on others?
What we really need is a Constitutional amendment providing for the immediate removal from office of any member of congress who sponsors any bill contradicting the plain language of the Bill of Rights.
Nat Hentoff had an aptly named book that describes the present situation perfectly, 'Free Speech For Me-But Not For Thee.'
Boy am I in deep do-do since I criticize politicians on my blog and in comments and I am organizing picketing of the congressional offices of those who believe in spend and tax. But we have a choice; As Patrick Henry said, " .... I know not what course others may take; but as for me, give me liberty, or give me death! Hopefully the choice will never become so drastic, but that can become the price.
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