Kludge
Member
- Joined
- Dec 21, 2007
- Messages
- 21,719
"We've been pointing out a variety of attempts to push back on the First Amendment lately. One fertile ground for such attacks are local politicians carrying the "cyberbullying" banner, in various attempts to magically outlaw being a "jerk" online, usually by making it illegal to offendsomeone online. Of course, making someone's action illegal based on how someone else feels about it is all kinds of crazy. It also would seem to violate the very principles of the First Amendment, which bar Congress (and local governments) from passing any laws that take away one's right to free speech.
In the past, lawmakers pushing these laws have tended to simply ignore the First Amendment issue, and focus on screaming "protect the children!" as loudly as possible (never mind the fact that kids seem much less concerned about "bullying" than all these adults seem to think). However, it appears that some state Senators in NY are trying a new line of attack: going directly after the First Amendment and suggesting that current interpretations are way too broad, and it's not really meant to protect any sort of free speech right. In fact, it sounds as though they're trying to redefine the right to free speech into a privilege that can be taken away. Seriously:
Proponents of a more refined First Amendment argue that this freedom should be treated not as a right but as a privilege — a special entitlement granted by the state on a conditional basis that can be revoked if it is ever abused or maltreated.
Yes, that totally flips the First Amendment on its head. It is not a "more refined First Amendment." It's the anti-First Amendment. It suggests, by its very nature, that the government possesses the right to grant the "privilege" of free speech to citizens... and thus the right to revoke it. That's an astonishingly dangerous path, and one that should not be taken seriously. Of course, given their right to speak freely, state senators Jeff Klein, Diane Savino, David Carlucci and David Valesky have every right to put forth that argument -- but similarly, it allows others to point out their rather scary beliefs.
..."
Much longer article & comments @ http://www.techdirt.com/articles/20111001/00002316160/ny-state-senators-say-weve-got-too-much-free-speech-introduce-bill-to-fix-that.shtml
Edit: Actually, what the state senators list as examples really needs to be read...
"The paper attempts to list out various examples of types of cyberstalking and cyberbullying -- some of which seem pretty ridiculous:
In the past, lawmakers pushing these laws have tended to simply ignore the First Amendment issue, and focus on screaming "protect the children!" as loudly as possible (never mind the fact that kids seem much less concerned about "bullying" than all these adults seem to think). However, it appears that some state Senators in NY are trying a new line of attack: going directly after the First Amendment and suggesting that current interpretations are way too broad, and it's not really meant to protect any sort of free speech right. In fact, it sounds as though they're trying to redefine the right to free speech into a privilege that can be taken away. Seriously:
Proponents of a more refined First Amendment argue that this freedom should be treated not as a right but as a privilege — a special entitlement granted by the state on a conditional basis that can be revoked if it is ever abused or maltreated.
..."
Much longer article & comments @ http://www.techdirt.com/articles/20111001/00002316160/ny-state-senators-say-weve-got-too-much-free-speech-introduce-bill-to-fix-that.shtml
Edit: Actually, what the state senators list as examples really needs to be read...
"The paper attempts to list out various examples of types of cyberstalking and cyberbullying -- some of which seem pretty ridiculous:
LEAVING IMPROPER MESSAGES ON ONLINE MESSAGE BOARDS OR SENDING HURTFUL AND DAMAGING MESSAGES TO OTHERS;
"Improper"? Seem a little broad to you? Does that mean the next person who comments here about something off-topic is a cyberbully?“FLAMING” (HURTFUL, CRUEL, AND OFTENTIMES INTIMIDATING MESSAGES INTENDED TO INFLAME, INSIGHT, OR ENRAGE);
Whoo boy. An awful lot of you in the comments better watch out...“HAPPY SLAPPING” (RECORDING PHYSICAL ASSAULTS ON MOBILE PHONES OR DIGITAL CAMERAS, THEN DISTRIBUTING THEM TO OTHERS);
Holy crap. 2005 wants its silly "crazy children" meme back. Yes, there were a few instances of this extremely brief "fad" that came and went in like a month half a decade ago. Then the next internet meme came along."TROLLING” (DELIBERATELY AND DECEITFULLY POSTING INFORMATION TO ENTICE GENUINELY HELPFUL PEOPLE TO RESPOND (OFTEN EMOTIONALLY), OFTEN DONE TO PROVOKE OTHERS);
Ooh, once again. Commenters beware.EXCLUSION (INTENTIONALLY AND CRUELLY EXCLUDING SOMEONE FROM AN ONLINE GROUP).
Seriously? If we don't let you into the club, it's now a form of cyberbullying? It makes you wonder what happened to these particular Senators when they were kids."
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