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On September 16 2011 03:25 Toxi78 wrote:
so they jailed a guy for being a douchebag, even though he didn't hurt anyone physically, wasn't a threat to anyone.
i wonder, if the guy trashtalked the girl in the same way ina bar with a police officer, would anything have happened?
If he did it repeatedly to multiple people, especially after already being warned from a similar offense, yeah, something would have happened.
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I dont agree with this verdict.
Won't try to argue why some other people have done it before me, sure the guy is the douche and wicked and earth would be a better place if he never was born, but is that really illegal ? If you put your life on Facebook you know the risks.
How do you draw the limit then about what is allowed to be said or not ?
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He got what he deserved, What a fucking idiot!
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People saying this is too extreme yet not giving any alternative judgment.. -_-
If you died, and some scum bag was teasing your mother about it, what do you think should happen to them? Should they be allowed to at any time? How much emotional damage to your mother would you tolerate before you think they should be punished?
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United States22883 Posts
On September 16 2011 01:32 ChampionZerg wrote:
I'm sorry, but in this case First Amendment rights protect him.
He lives in another country and they probably wouldn't. There are a number of restrictions on freedom of speech in the first amendment and what he was doing probably would violate them.
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but is that really illegal ? I'll get Captain Obvious on this: if a random guy went to jail, that's because he was convincted of doing something illegal.
There are laws against harassment, whether it is by mails, phone calls, or on the Internet. You can certainly go to jail even if you weren't a threat to anyone.
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On September 16 2011 04:12 Jibba wrote:
He lives in another country and they probably wouldn't. There are a number of restrictions on freedom of speech in the first amendment and what he was doing probably would violate them.
I don't think what he was doing would fall under any of the exceptions to 1st Amendment freedom of speech.
Fighting words?
You cannot incite someone to 'fight you' over the Internet. fighting words doctrine has been restricted more or less to face-to-face communication (they must intend to incite immediate breach of peace. Internet use is more or less private and someone raging out in their home or crying because of mean words cannot be called, in any reasonable sense of the term, a breach of peace).
Obscenity?
Obscenity only applies to sexually explicit material under US Constitutional law.
Other random exceptions? There is no compelling state interest to criminally regulate internet speech. Any attempt to criminally prosecute someone for mere trolling (mere trolling alone, i.e., not meant to incite any sort of illegal, immoral, or indecent act) falls flat and fails basic constitutionality tests. (Yes, the state could criminally regulate hateful internet speech that causes the recipient to commit suicide, since that sort of regulation protects lives and is therefore a compelling state interest.)
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On September 14 2011 20:58 DDKz wrote:
The saddest part about all of this is that the mother created a fucking facebook group for her daughter, I just don't understand shit like this. You daughter kills herself and she thinks its appropriate to jump on Facebook and create a group so people will "Like" it.. stupid shit.
Anyway imo the troll didn't deserve what he got, it's the internet, man up or fuck off tbh, of course he should be banned from Facebook but seriously jail-time, a cash fine and having to alert the police if he buys a phone with the internet? Lol.
This is exactly what I was thinking about...That mother is pretty stupid for putting up facebook group for the death of her daughter.. WTF?
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Shouldn't have been jailed.. community service would have been a much better sentence for him... being jailed costs the tax payers money to feed/cloth him for the next few months for nothing that did any physical harm to any one... sure he made fun of a dead person and probably did this to others as well(im not defending his actions in any way so don;t think that idiots of TL) but honestly 4 months for poking fun at a dead person ... give me a break.. give the guy community service or a fine... i mean shit making fun of others can and is humorous obviously this kid took it a bit far but still 4 months in jail seems a bit over the top ...
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On September 15 2011 13:46 mikyaJ wrote:Show nested quote +On September 15 2011 10:52 paintfive wrote:
huh? freedom of speech anyone? shit like this leads to unnecessary censorship This isn't censorship this is punishment. And plus, if you live in the US your "Right to say anything" is not that... flexible. There's things called Libel and Slander, even obscenity classified by the Miller Test are not subject to the First Amendment.
From the article he made a video called "Tasha the tank engine" to mock the girl.
He is an asshole troll but he did not commit either slander or libel, nor was there anything obscene.
You should check the definitions of the terms you are using.
And if you look at the "Miller Test" you will see that this sort of "speech" is indeed protected in the United States.
The Miller test was developed in the 1973 case Miller v. California.[2] It has three parts:
Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.[3]
The work is considered obscene only if all three conditions are satisfied.
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This is really fucked up, I agree, and my condolences go out to the family and friends. However, to be honest, isn't this just a tad much? To what extent do our freedoms get measured by an invisible measuring stick named society? I think it's terrible what he did, and he deserved a punishment, but this punishment is going too far in my opinion. People need to get a reality check and realize just how many people there are in this world - you can't be perfectly happy 24/7.
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I wonder how he likes them prison trolls ^_____^
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He was trolling a dead girl?!?!?!
What a creep.
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What was the actual sentence?
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how do you ban someone from being on a social network?
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No neck lookin' ass. Walking out of jack in the crack after he forgot he left his wallet at home.
He deserves every bit of the punishment.
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On September 16 2011 04:59 Malgrif wrote:
how do you ban someone from being on a social network?
Quite easily. You hand down a court order enjoining him from being on a social network, and if he is found to be on a social network, he is found in contempt of court, fined an egregious amount and sent to jail (again). It's like a restraining order.
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He wasn't just doing shit on the internet he actually went to the death site of that girl in the car crash and put that picture (which he had edited in a very disrespectful way) on the bed of flowers....there were so many more cases like this which he did.
This isn't about, "internet trolling" this guy was literally harassing families from the recently deceased NOT JUST ON FACEBOOK BUT ON MANY MORE SITES and obv. where the person died(if he could get to it).
This guy deserved every bit of his sentence. Plus its not like he went to prison he was in jail which has a HUGE difference. He wasn't even in there that long, plus when he is in jail they will prolly council him and see if there is anything wrong with this guy. (I personally don't think so, I truly believe he is just a douche who thought it was funny to do this shit and didn't realize the extent or how serious it really was.)
Edit: Just cause you get a ban on FB doesn't mean you can go to a diff ISP make a new name and start doing the same thing sooo...yea
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On September 15 2011 08:48 Soluhwin wrote:
I wouldn't call this guy a troll, he seems like more of an idiot.
Trolls are mainly idiots though.
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On September 16 2011 04:43 gulati wrote:
This is really fucked up, I agree, and my condolences go out to the family and friends. However, to be honest, isn't this just a tad much? To what extent do our freedoms get measured by an invisible measuring stick named society? I think it's terrible what he did, and he deserved a punishment, but this punishment is going too far in my opinion. People need to get a reality check and realize just how many people there are in this world - you can't be perfectly happy 24/7.
What has the worlds population and happiness got to do with this?
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EPT
