City Sues To Prevent Linking To Its Website
Mike writes "In what appears to be a first-of-its-kind case, the Sheboygan city attorney ordered Jennifer Reisinger to remove a link to the city's police department from her Web site. The city went further, she claims, launching a criminal investigation of her for linking to the department on one of her sites, and in response she's suing the mayor and the city. 'The mayor decided to use his office to get back at Jennifer for her efforts in the recall and picked this to do it,' said her attorney, Paul Bucher. It appears this will go to court, and the question will be can a city (or any business or Web property) stop people from posting a link to its site?"
In November, the city withdrew its demand that Reisinger not link to city government sites.
SO um, what's the issue?
This is my sig.
If you don't want people to find your website, don't register a domain. Once you do, it's public knowledge. Printing the URL of the city's website is no worse than printing the premiere's mugshot when he gets busted for DUI. (Sorry, OT political commentary, but it seemed a good example).
I don't care why you're posting AC
if a site is public, how could it EVER be illegal to link to it? i don't see this working out for the city. morons.
oh, this.
Anybody can file a suit over anything against anybody. This is an important freedom in a rechtstaat.
Excuse me, but please get off my Pennisetum Clandestinum, eh!
The Government doesn't have the right to privacy.. so no a Government can't demand that it's people do anything that say.. inhibits free speech such as this.
Defective Logic
Good luck Jennifer! It's fairly certain that her suit will pan out, but who knows nowadays?
http://www.sheboyganpolice.com/main.html
the question will be can a city (or any business or Web property) stop people from posting a link to its site?
The answer is (or damn well better be) no. This is completely obvious. When you put something up on the Web without a form of access control (meaning logging in, not meaning "I only give out the address to certain people"), it's public every bit as much as if you put an ad in the newspaper. Linking to your site is no different than me saying, "Hey, check out this newspaper ad CmdrTaco put in, it's really cool!".
Even if that weren't the case (and it very much is), this is a government web site. They have no right to keep anyone out at all. I don't know what the city was thinking, but they have no ground to stand on here. Maybe they're hoping they'll get a really clueless or corrupt judge, I dunno.
"16MB (fuck off, MiB fascists)" - The Mighty Buzzard
Isn't this what the CoS tried a number of years ago? How did that turn out? The Church of Scientology has lost a courtroom battle to compel a Dutch writer and her Internet service provider to remove postings from a Web site, in a ruling that keeps hyperlinks to copyrighted material legal. this is from 2003...
GENERATION O98346: The first time you see this, copy it into your sig and remove a random number from the generation. T
Similar case. Someone linked to police website in 2001, and police claimed that their domain name represents the police on the internet and thus linking to their site without permission was illegal. The police lost, ofcourse, but it's still ridiculous that there was even a fight about it. Finally the parlamentiary ombudsman had to take the case and rule that links are like literary references, and completely legal.
So, yes, this is silly, but ultimately this is just one example of a bigger phenomenon: people filing stupid lawsuits, where simply the burden of defending oneself is overwhelming / not worth it. This happens for many reasons: lawyers are expensive, court simply takes time, etc.
Is there some way we can modify the legal system so that these kinds of frivolous suits die quickly and cheaply? Like an online peer review thing, where there's an anonymous, rotating committee of reviewers who can triage filings and vote to reject them? This has its own problems too, of course -- the rule of the mob emerges.
So I'm not sure what the solution is, but it seems like we have to think about how to make it about two orders of magnitude cheaper/easier to defend oneself in court against frivolous suits.
--
Get started with electronics: Microcontroller kit for Linux/Mac/Windows. Do it with your kids!
The site is still up.
an a city (or any business or Web property) stop people from posting a link to its site?"
The cities sysadmin should be fired. Check the referrer, then redirect to the main page when "needed". A couple minutes set up time and *poof* no more "deep linking" from other sites.
Burn Hollywood Burn
How dare she make the Web be a web!
Table-ized A.I.
Its like they expect me to say, what police department? I don't know any police, they don't exist, and if they did I can't tell you about it. Top secret and what not.
Another good example of the Streisand Effect at work here. This will bring even more interest to this issue. Well done Mayor Perez!
What are they trying to hide, the fact that they have an awful Web site?! Bonus lulz for the Homeland Security Advisory System widget. Lock up your daughters: the risk is at: "Elevated - Significant Risk of Terrrist Attack y'all"
Notice the hit counter down at the bottom of the page, it currently reads: 96,453. Let's see if we can make that sucker go up a little, before the server crashes.
Heh, they can't get me for bringing down their server either! What're they going to do, extradite me? Oh hang on ... I'm Briti
[CARRIER LOST]
Don't go there, their initial/start page is just a single picture talking about Theodore Husting:
http://www.sheboyganpolice.com/
That links to the main site, which looks a bit more pleasing:
http://www.sheboyganpolice.com/main.html
Ask me about repetitive DNA
You know a organization knows what they're doing on the web when their landing page is titled NEW PAGE 1 and was made with FrontPage 5.0
Pancakes. Oh I blew it.
...you can!
A web designer created a web link to the main site of a public, government institution. The city then issued her with a cease and desist order and began a police investigaton againt this person. This is patently wrong, and is behaviour which needs to be discouraged.
The fact that they withdrew the order later is really beside the point. A police investigation when the person instigating it knows(and TFA pretty clearly shows he did know) that it is baseless and illegal is intimidation.
The fact that this woman may or may not have undesirable political and/or racist opinions doesn't really matter. It wouldn't even matter if she's the second coming of Hilter(queue Godwin), using the police to intimidate or harrass someone who hasn't done anything wrong is illegal, immoral, and unconstitutional, and saying "Oops we're sorry" when you get caught doesn't get you off the hook.
It would have been a slightly different situtation if she was attempting to incite violence, or using the link in some other non protected way, but there seems to be absolutely no indication that this is the case(I'm not entirely sure how you could incite violence against a web address in the first place).
She ought to sue, she ought to win, and the idiots who ordered this ought to be out on the street. The fact that's she appears to be a racist redneck fool doesn't change any of that.
That doesn't sound like anything I want to visit O_o.... Sheboygan?
Putting information on the web is making it public. Putting up a link to such material is like telling a group of friend to look at a specific film on YouTube. Telling people NOT to point at the offending material should immediately give the question: "then why on earth did you put it on the website?!?"
Sjeezes, no wonder the economy is in shit state. The quality of "leadership" just may have something to do with it..
http://www.sheboyganpolice.com/
Sheboygan Police General Information:
Phone: 459-3333 / Email: spd@ci.sheboygan.wi.us
Chief of Police / David E. Kirk
Phone: 459-3343 / Email: dkirk@ci.sheboygan.wi.us
Deputy Chief of Police, Operations Division / Allen J. Sherven
Phone: 459-3343 / Email: asherven@ci.sheboygan.wi.us
Captain of Criminal Investigation Unit / James A. Veeser
Phone: 459-3355 / Email: jveeser@ci.sheboygan.wi.us
Shift Commanders / Phone: 459-3333
First Shift ( 7:00 AM - 3:00 PM ) Captain David A. Derus
Email: dderus@ci.sheboygan.wi.us
Second Shift ( 3:00 PM - 11:00 PM ) Captain Stephen B. Cobb
Email: scobb@ci.sheboygan.wi.us
Third Shift ( 11:00 PM - 7:00 AM ) Captain Bob V. Wallace
Email: bwallace@ci.sheboygan.wi.us
Training / Resource Division / Lieutenant Michael Williams
Phone: 459-3190 / Email: mwilliams@ci.sheboygan.wi.us
Administrative Services / Lieutenant Janet Reinfeldt
Phone: 459-0239 / Email: jreinfeldt@ci.sheboygan.wi.us
Drug Unit / Lieutenant Kurt Brasser
Phone: 459-3999 / Email: kbrasser@ci.sheboygan.wi.us
Traffic Section / Sergeant Thomas Tuszynski
Phone: 459-3352 / Email: ttuszynski@ci.sheboygan.wi.us
Court Services Section / Lieutenant Janet Reinfeldt
Phone: 459-3353 / jreinfeldt@ci.sheboygan.wi.us
Community Policing Unit
Lieutenant Jeffrey Johnston / Phone: 459-3338 / Email: johnston@ci.sheboygan.wi.us
Officer John Winter / Phone: 459-3341 / Email: jwinter@ci.sheboygan.wi.us
Officer Todd Priebe / Phone: 459-3341 / Email: tpriebe@ci.sheboygan.wi.us
Street Crime Unit
Officer Kurt Zempel / Phone: 459-0234 / Email: kzempel@ci.sheboygan.wi.us
Officer Brian Retzer / Phone: 459-0267 / Email: bretzer@ci.sheboygan.wi.us
Officer Paul Olsen / Phone: 459-3348 / Email: polsen@ci.sheboygan.wi.us
Criminal Investigation Division / Phone: 459-3355
Detective Mark Kolosovsky / Email: mkolo@ci.sheboygan.wi.us
K-9 Unit / Officer Trisha Miller
Phone: 459-3333 / Email: tmiller@ci.sheboygan.wi.us
School Resource Officers
South High School / Officer Terry Meyer / Phone: 459-3706
Email: tmeyer@sheboygan.k12.wi.us
North High School / Officer Doug Hall / Phone: 803-7604
Email: dhall@sheboygan.k12.wi.us
Urban Middle School / Officer Patrick Leichtnam / Phone: 459-3959
Email: pleightnam@sheboygan.k12.wi.us
Farnsworth Middle School / Officer Eric Edson / Phone: 459-4083
Horace Mann Middle School / Officer Eric Edson / Phone: 459-3386
Email: eedson@sheboygan.k12.wi.us
Police Property Office / Julie Lamb
Phone: 459-3347 / Email: jlamb@ci.sheboygan.wi.us
Administrative Assistant & Office Supervisor / Paula Haelfrisch
Phone: 459-3343 / Email: phaelfrisch@ci.sheboygan.wi.us
Communications & Electronics Technician / Russell Schreiner
Phone: 459-3351 / Email: rschreiner@ci.sheboygan.wi.us
Fleet Operations Mechanic / David Daniels
Phone: 459-3350 / Email: ddaniels@ci.sheboygan.wi.us
Web Site Administrator / Officer John Winter
Phone: 459-3341 / Email: jwinter@sheboygan.wi.us
How about this: if you sue somebody and lose (or back out, etc.) then you pay the defendants lawyer's fees as well as your own.
people please stop linking to the Shebogan Police Department.
It hurts their feelings.
Countdown to fucksheboygan.com 3...2...1.. Except of course, No one can spell "Sheboygan".
I'm really not sure what your point is. So a person having a link to a website should just accept a cease and desist order and also accept an investigation against them?
But this isn't just any website, it's a website of a public and government run website. You know, the kind of things taxpayers give money for. So a taxpayer now can not link to something they payed for.
Huh.
Apparently we have very different definitions of the word "frivolous."
That splash page is a usability nightmare. The image, which is primarily text, should include alt and longdesc attributes so that blind people and other people using text-only clients can decipher the message.
Even better, they could format that page using text for the text part and images with alt text for the decorative part.
Better than that would be dropping the splash page altogether, as it seems to convey nothing of value for most visitors.
Nothing yells out fail as much as someone trying to quote latin but getting it wrong. It's "noli me tangere".
Please, please don't link to my website, I don't want to be the first result on google or anything.... I mean honestly, she was doing them a favor in more ways than one.
DNA -- National Dyslexic Association
I don't think that this is a frivolous lawsuit, but...
They do have some things to try to prevent abuse of the legal system...It's called Anti-SLAPP (Anti- Strategic Lawsuit Against Public Participation). AFAIK it's only in California, but other states may have adopted similar statutes...
Basically, you can't file a suit unless you have a good reason. If a defendant raises the SLAPP defense, then the plaintiff has the burden to prove that they can at least make a 1/2 way decent case...they basically have to tell the judge the basic premise of their case. If they can't, then it's an immediate dismissal, and the plaintiff has to pay the defendant's legal costs, plus statutory damages. SLAPP defense can be raised early, before the actual trial, and is meant to limit legal costs for defending a frivolous lawsuit, as well as provide a disincentive for actually filing one.
IANAL, and this is just my understanding of it. Some details may be wrong, but you get the basic idea.
It used to be.
Weaselmancer
rediculous.
How about this: if you sue somebody and lose (or back out, etc.) then you pay the defendants lawyer's fees as well as your own.
How about this: No one ever sues large corporations again because if they lose they're going to be broke for the rest of their lives.
sounds like if Palin falters, McCain has his new running mate
I am pretty sure that the police can investigate anyone at any time with or without merit. They will still need warrants to get access to materials that they might not otherwise have but they are certainly welcome to apply for those warrants via the legal channels. We can argue all day that they shouldn't be allowed to but I am pretty sure that they are allowed to and can't find any laws prohibiting it except when the investigation becomes harassment which is pretty clearly defined. Simple observations, singular questionings, etc are all perfectly legal as would be speaking to her friends, relatives, co-workers, etc... Not that I like it very much but, well, that's how things are setup and unless the crossed those boundaries then they're probably not going to get in any trouble for it.
"So long and thanks for all the fish."
Is this still Slashdot?
How can anyone here forget the 2600 case? http://www.2600.com/news/view/article/1233
Attempts to prevent linking to websites are unfortunately as old as ... well, as old as the Web itself.
A city sues a single person to prevent him/her from linking to a public website, but keeps silent when a Telco sues it for providing free internet...
Guess cities are bullies like corporates.
Pick on the small guy.
I dearly, dearly hope the defendant not only prevails, but also countersues the City Mayor for Fraud, deliberate attempt to subvert justice, manslaughter (what the heck, file anyway), and personally report him to the FBI for corruption.
Counter Attack is the best form of defence.
"Doing what i can, with what i have." ~ Burt Gummer
Perhaps we should note the difference between compensatory and punative damages. Compensatory damages are to compensate the plantif for damage done to her. In this case, GP is probably correct in assuming that she did not suffer 250K in damages.
But in the question of the government stepping on a citizen's 1st amendment rights, as P mentions, 250K is not excessive, as it is not big enough to make most municipalities pay attention. In this case, it should be a huge ammount, and it should be under punitive damages.
I have a suggestion. If you don't want someone linking to your web page, take it off the freaking world wide web.
Morons.
Where are we going and why are we in a handbasket?
You link it from Slashdot :)
It's not that that doesn't happen, but usually it's agreed upon in advance by both parties, who happen to be on either side of a contract, for instance, in a lease agreement.
But like others have mentioned, in the US we are of the opinion that there shouldn't be up front risks in seeking justice.
Buba, your roommate shoved his cock up your ass in Apil, but withdrew it in november, so what are you crying about?
They never should have demanded it in the first place, abuse of power and harrasment. They only withdrew after she fought back. That is bullying.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
that the whole point of a website is that it is public. I'd better stop looking at "private" sites and linking to those I like. What an effing crock of shit.
City governments do not have printing presses to churn out $20 bills to pay off lawsuits. This is taxpayer money, and as one of those taxpayers sick of property tax assessments and hearing how broke my city is - and as someone who has helped defend such lawsuits for my local city attorney's office - I can tell you first hand that city governments are far too free wheeling with other people's money when it comes to paying off lawsuits. It really is disgusting how they will settle suits rather than stand up and fight and risk taking any political positions.
We've got enough fiscal problems without you throwing around other people's money like it is free.
These city politicos look like dipwads, but how does giving this woman a cash windfall at taxpayer expense hurt them? Take my word for it, the *taxpayer* money the average city pays out on junk lawsuits is the real rights being trampled daily.
Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
In Brussels, Belgium, the local public transportation company STIB/MIVB used to not like links to their site either: Until about a year ago when you visited their website, you were greated with a popup, which told you that you may not link to their pages without their explicit consent. Only when you accepted this, were you allowed to use the website... I don't know why a service provider such as a public transportation company would ever want to be not linked to...
So could you get sued for putting a link to http://www.sheboyganpolice.com/?
they should also sue those that enter the site address manually. Why why not those that copy-pasted the site address? And the dns providers should be be sued as well, as well as google and all the search engines.
I can imagine what will happen when the spam-bots index this page. New email addresses all round, and a server upgrade.
I was his room-mate.
> Isn't the whole point of free speech that people should be free to say what they'd like especially when others find it distastful or inappropriate?
As long as they aren't trolling...
Regardless of who's suing who in this mess, there won't be any new precedent set about linking to a website. 2600 Magazine won a court case in 2001 when Ford Motor Company tried to stop 2600 from linking to their website. Not only that, but one of the original sites from the tussle is still up. Here is the original news announcement from 2600.
Aero
Please stop hurting America -- Jon Stewart
join the fun ;-)
It is one of the old fashioned ones that just count up on every view. And I thought this species has died out at least ten years ago
The mission statement on the website says:
We, the men and women of the Sheboygan Police Department, value:
* Human Life
* Accountability
etc.
Do they *really* need to state they value human life? Is there an assumption that the norm is to not care who dies? What sort of crazy department is that?
I want a list of atrocities done in your name - Recoil
for being an asshat and costing them a quarter million.
I just clicked a button.
Me too dumb to read.
Now let them prove I'm smart. ;-)
Only in America...
A site about "she boys" eh?
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
It's not so much harassment by the police as it is harassment by the mayor, which is pretty much unacceptable in any state.
and i have no link to her site in the summary or article? hardly.
Good people go to bed earlier.
Registrant: City of Sheboygan Police 828 Center Ave. Sheboygan, WI 53081 US Domain Name: SHEBOYGANPOLICE.COM Administrative Contact: Keppel, Michael City of Sheboygan 828 Center Ave. Sheboygan, WI 53081 US 920-459-3795 fax: 920-459-3967 Technical Contact: Network Solutions, LLC. 13861 Sunrise Valley Drive Herndon, VA 20171 US 1-888-642-9675 fax: 571-434-4620 Record expires on 12-Apr-2010. Record created on 12-Apr-2000. Domain servers in listed order: NS25.WORLDNIC.COM 205.178.190.13 NS26.WORLDNIC.COM 205.178.144.13
Didn't something like this happen to the hacker magazine, 2600?
http://slashdot.org/yro/01/05/18/1421201.shtml
It seemed like Eric Corely purchased the domain: http://fuckgeneralmotors.com/ and pointed it to http://ford.com/
I think it went to court. The last time it checked in, it was ruled in favor of Eric Corely, because it would otherwise violate his free speech.
How would this be any different?
That's the beauty of the ./ system, though. People are free to troll as much as they want, and the community at large is free to mod those people down so that they have less of a voice to spew their idiocy. Turn off -1 comments, and you'll miss 99% of the GNAA, Goatse or "FIRST!!" posts. Make too many of those posts, and your Karma will dictate that nobody will ever see any of your posts.
If we just started ignoring the idiots in real life, they would go away, too. Instead, we put them on the news. All you have to do is wave a Nazi flag or hang a rope from a tree, and you automatically get +5 mod points just for being a moron.
-Arthur
Cave ne ante ullas catapultas ambules
To teach them a lesson in how the internet REALLY works....everybody that has a website here on slashdot should link to that police department, then any one who knows someone with a botnet pass on the word...spread the link!
Just throwing up ideas though, I think it's all pretty silly.
you better put a bucket under that and have someone hold back your hair.
...For the People, By the People.
Woohoo, a deep link OK, I don't live in Wisconsin, so if you assholes want to sue me too, you'll have to subpoena slashdot for my IP address, then subpoena my ISP for my identity. Then you'll have to file a case against me in Federal court where you'll quickly be made the laughing stock of the country. Go ahead, make my day.
I'm not wasting my time in this article except to post a "Thank you" to the taggers who flagged this story as "kdawsonsucks". On occasion, stories that he posts are interesting and useful but a warning for the ones that should have fallen through the cracks is appreciated.
Support the 30 Hour Work Week!!!
But use any of the assorted names for black people, and watch the brains of everyone in the room reboot as they look around in a panic to see if any of "them" heard you.
I think this classically illustrates how racism still exists in America. Mexicans don't like being called spics, don't call a lesbian a dyke, a gay a fag, and so on...unless you are tolerant. I can say whatever I choose in mixed company and rarely will a person of particular race,gender or ,who ever fits into whatever slur I said , will get mad.(I'm not talking about running into the tube and screaming "Stupid-ass, watermelon munching. Nigger") Why you ask?
Because they know I've got nothing against anyone. Shying away from certain words shows that you are afraid of them. If you would say something amongst close friends, such as saying "don't be so niggardly", but wouldn't say it in front of a black person- you are racist.
Minorities aren't stupid, yet we treat them like they are. Its like when you have that friend who acts like he enjoys your company but know he talks shit about you. Everyone gets it.
Here's an example, I am a white male in the IT sector. I play in a jazz fusion band called "Spook and the Ghosts". One of my best friends is the black drummer. You know who worries about the name or protests against it? White people. If I were to mention it at work- amongst my ivy-league-PhD-toting-engineers coworkers, they would get freaked out- but then make racist jokes. My black and Hispanic friends in Jamaica Plain [one of the ghettos(in the original sense) in Boston] think its hilarious, but they aren't going to make racist jokes because they think its safe. The PhD's (and most of white America) is racist at home and pretends like they aren't in the street. No one fools anyone.
If someone has a mental disability, call them retarded. That's what they are. When your jewish friend complains about the 25 cents he was shorted at Dunkin Doughnuts, even though he makes 100k a year, tell him to not be such a jew. He knows what your referring to.
The worst thing you can do is act one way in public and another at home.
Turn off -1 comments, and you'll miss 99% of the GNAA, Goatse or "FIRST!!" posts.
And you'll miss 99% of the insightful posts. The /. moderation system is hopelessly broken at this point. Insightful comments are often modded down because someone either disagrees with it or is too ignorant of the subject matter to be modding in the first place. The meta moderation system has far too few participants and the vast majority of the false moderations never get fixed. Worse, the current generation seems to ignorant of proper terminology and often redefine words or out of stupidity and never bother to learn the actual definition. Few under the age of 20 seem to understand the definition of words like "flamebait" and "troll". Many here seem to falsely presume "flamebait" means I disagree and "troll" means I really, really disagree.
To make matters worse, many people now mod troll. They specifically target people via multiple accounts and immediately snipe their posts, forcing them down before they can be modded up. Since many people do not read 0 and -1 posts, very insightful posts are never even seen. Some people have dozens of accounts for the sole purpose of trolling and mod trolling, whereby, they use their accounts to mod their other accounts and trolled posts up.
As is, slashdot is a shadow of what it once was. Now, the dopes and idiots plus the high number of bad moderations which are never fixed chase most of the intelligent would-be posters away. This means we are largely left with the ignorant that think they have something to add but sadly don't. And the few that do are often modded down by the mass of ignorance that is common here. Worse, their friends mod them up without regard for the content provided and they mod down any real content.
Slashdot is hopelessly broken. Either live it or move on. You'll find most have moved on. In other words, by ignoring -1 posts, you are likely missing out on the entire point of visiting slashdot's comment system in the first place.
Have the true Slashdotters abandoned slashdot.org leaving the web site to only nitwits?
I read the first dozen or so posts on this subject and they are all off-topic moronic chatter.
I've done the best that I can with a reference to Jennifer's problem by posting several links to http://www.sheboyganpolice.com/ on the web site http://www.spelledsideways.com./
Fata viam invenient.
I would agree on everything except for this part:
Even if she was putting up the link and saying "bomb these people," her crime wouldn't be the act of linking to their web site, but inciting violence. In fact, I can't think of anything she could do where the link itself would be the crime (though it may be used in a larger crime). The closest I could think of would be writing something libelous and making that text link to the city's website. Even that, though, would involve the text and not the link itself.
Other than that point, though, I agree with you completely. The mayor completely overstepped his bounds and will hopefully be put in his place by the courts.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
I hear they are in the process of suing some company named "Google"?
If the idiots in the theatre trample each other in a mad rush from a fire that doesnâ(TM)t even exist, it was their own stupidity and lack of clearheadedness that killed them, not the person shouting fire. If your reaction to the mere threat of danger is to hurt others, you are the culprit.
For example, think of George Costanza in the episode of Seinfeld where he throws the old ladies in their rockers to the ground in order to rush to the door. Are you going to tell me it was the messengerâ(TM)s fault? NO. His behaviour was deplorable and his panic was his own fault for being a non-clear-headed individual willing to hurt others just to preserve himself.
If someone tells me there is a fire, I am going to at least look for smoke so I can figure out what direction to flee. And I am not going to trample people unless I actually see a real fire about to burn me up and itâ(TM)s me or them. But trampling people just to get out when thereâ(TM)s no actual fire? Simply because of a panic? I think thatâ(TM)s far worse than yelling âfireâ(TM).
I know I am unique in my extreme opinion.
I think painting speech as potentially physically harmful has a chilling effect: Just look at the whole Cartoon Mohammad thing for an example of that.
âoeWords can hurt, so you canâ(TM)t say words [or draw cartoons] that hurt.â
The censoring of Mohammad in this weekâ(TM)s South Park was a perfect example.
Anyway: Words donâ(TM)t hurt people. People hurt people.
Learn to think for yourself, and mere words will never be able to physically hurt you.
The idea that everyone must mindlessly follow whatever words they hear, in and of itself is a dangerous idea. Should we panic just because someone told us to? No. Should we panic if the loudspeaker tells us to? Maybe. Should we panic if Fox News tells us to? Maybe, maybe not.
But before you go tramping people to death (and thus tramping our free speech rights by being too much of a moron to think for yourself), consider whether you or the buliding are actually on fire. Dumbass.
Edit, 9/12/2007, comment from below incorporated into this post:
Fyngyrs (http://slashdot.org/~fyngyrz) says:
âoeThere is no harm in yelling fire. There is no harm in filing out of a building that isnâ(TM)t burning, There is no harm in filing back in. These are the acts of reasonable people. In fact, the practice would do people some good. We used to do it all the time in school. The fire alarm would go off, and out weâ(TM)d go, not knowing if there was a fire, or not. No one ever got trampled. The theatre owner has, as an owner of a private business, the option to no longer serve that customer. Of course, should one patron fail to file out reasonably, and in the process trample another, then a crime has been committed, that of assault by that patron upon another. The idea that it is acceptable for people to trample one another â" or that it somehow âoeisnâ(TM)t their faultâ â" is just one of the things that is wrong with the cliche, aside from the initial, completely incorrect, idea that one could not yell fire â" or anything else â" in a crowded theater. Itâ(TM)s socially retarded, and if it were *my* theatre, itâ(TM)d be the last time you ever got in the door, but other than that, there you go. Free speech trumps all. Every time. Thatâ(TM)s the basis of liberty.â Original post: http://clintjcl.wordpress.com/2006/04/14/294/
-Clio
Karma: Bad (mostly from not giving a fuck)
Blog: http://clintjcl.wordpress.com
http://www.sheboyganpolice.com/ I'm linking to it. Here's the contact page for good measure: http://www.sheboyganpolice.com/who.htm There's no law against linking to another site. If they want to do that, go to congress and try to get it outlawed... Dare you. All the politicians will cry when they realize political bloggers can no longer link to their campaign blogs.
The city then issued her with a cease and desist order and began a police investigat[i]on again[s]t this person.
It's not an order, they "demand" - but that's just lawyer speak for asking. The police investigation could well have been a result of a complaint by Mr Perez (as himself, not in his mayoral capacity) complaining that Reisinger's website was racially discriminating against him (eg with the photoshopped imagery); it wouldn't need to be true for an investigation to be made.
This all comes across to me like some mad SEO stunt, her sites are going to be linked like nothing else for Sheboygan now ... perhaps she's going to drop her complaint and live off the ad revenue?
It amazes me that so many allegedly "educated" people have fallen so quickly and so hard for a fraudulent fabrication of such laughable proportions. The very idea that a gigantic ball of rock happens to orbit our planet, showing itself in neat, four-week cycles -- with the same side facing us all the time -- is ludicrous. Furthermore, it is an insult to common sense and a damnable affront to intellectual honesty and integrity. That people actually believe it is evidence that the liberals have wrested the last vestiges of control of our public school system from decent, God-fearing Americans (as if any further evidence was needed! Daddy's Roommate? God Almighty!)
Documentaries such as Enemy of the State have accurately portrayed the elaborate, byzantine network of surveillance satellites that the liberals have sent into space to spy on law-abiding Americans. Equipped with technology developed by Handgun Control, Inc., these satellites have the ability to detect firearms from hundreds of kilometers up. That's right, neighbors .. the next time you're out in the backyard exercising your Second Amendment rights, the liberals will see it! These satellites are sensitive enough to tell the difference between a Colt .45 and a .38 Special! And when they detect you with a firearm, their computers cross-reference the address to figure out your name, and then an enormous database housed at Berkeley is updated with information about you.
Of course, this all works fine during the day, but what about at night? Even the liberals can't control the rotation of the Earth to prevent nightfall from setting in (only Joshua was able to ask for that particular favor!) That's where the "moon" comes in. Powered by nuclear reactors, the "moon" is nothing more than an enormous balloon, emitting trillions of candlepower of gun-revealing light. Piloted by key members of the liberal community, the "moon" is strategically moved across the country, pointing out those who dare to make use of their God-given rights at night!
Yes, I know this probably sounds paranoid and preposterous, but consider this. Despite what the revisionist historians tell you, there is no mention of the "moon" anywhere in literature or historical documents -- anywhere -- before 1950. That is when it was initially launched. When President Josef Kennedy, at the State of the Union address, proclaimed "We choose to go to the moon", he may as well have said "We choose to go to the weather balloon." The subsequent faking of a "moon" landing on national TV was the first step in a long history of the erosion of our constitutional rights by leftists in this country. No longer can we hide from our government when the sun goes down.
When I've tried to read with -1 comments turned off, the conversations become so incoherent they can't be followed as posts show up replying to comments that have been hidden. Skipping over GNAA posts is an easy enough thing to do, small price to pay.
Thank you! Finally someone injects some common sense into this! That was the best explanation I've seen of that very frequent fallacy. If my mod points hadn't expired, I would have modded you up.
You should add:
Martin Luther: You know, I don't quite agree with the doctrines of the pope, I think peole should stop following them.
You (20 generations ago): But that's illegal!
Notice how the same people that make that argument about illegal immigrants,
a) selectively decide which laws are okay to break (e.g. speeding, inappropriate touching of an office appliance)
b) don't suddenly rescind their objections when all immigration laws are repealed.
Of course, remember that there are defenensible reasons for restricting immigration, but they amount to more than "it's illegal".
Information theory is life. The rest is just the KL divergence.
Anyone curious about what that link might have been that could get the mayor so riled up?
"We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
It's time to shoot the bastards.
Andy Out!
A horrific idea. If I get screwed over by Amalgamated Profits, Inc., and try to file suit, not only do I have to face their high-powered lawyers, if I lose by even a hair I now have to pay for their high-powered lawyers - a small expense to them, a bankrupting one to me. Faced with that risk, I'm likely to just let them get away with it.
I'm all for anti-SLAPP and anti-barratry laws which allow cases to be evaluated individually for abuse; but loser-always-pays makes it just about impossible for the little guy to use the courts to seek justice against the rich and powerful.
Tom Swiss | the infamous tms | my blog
You cannot wash away blood with blood
I'm out of points, someone tag this story with badsummary please.
The lady is suing the City, not the other way around. Oh, and the city official withdrew its demands LAST NOVEMBER.
Though, it also sounds like she's bearing a grudge against the city for something, so I'm not sure how much I can believe her. I think this is a non-story until the court comes back with something, or something comes out in discovery.
I'd like to take the time to provide a link to the Sheboygan police department!
How will he like it if /. links to their site?
http://ci.sheboygan.wi.us/Mayor/MayorBiography.html
Mayors Office Hours: Monday thru Friday 8:00am - 12:00 pm 1:00 pm - 5:00pm
Location: 828 Center Avenue, 3rd Floor, Sheboygan, WI 53081
Phone: (920) 459-3317
E-mail Mayor@ci.sheboygan.wi.us
This reminds me of a DMCA take down notice. Does anyone know how fair use applies to links. If it applies, but they failed to consider it, there is a counter suit needing to be made thanks to the new legislation that you must consider fair use before demanding that something be removed. If anyone knows what the law is, I'd love to know.
This reminds me of when I was almost called to a discipline hearing when I was at Ohio State in the early web days (around 1995-1996) when I put links to sites like Yahoo. In this case the Dean said it was somehow a copyright violation and that written permission was needed from each site to link to the home page. Fortunately it didn't go this far, but was a bit of a nightmare.
Few under the age of 20 seem to understand the definition of words like "flamebait" and "troll". Many here seem to falsely presume "flamebait" means I disagree and "troll" means I really, really disagree.
But what the words 'troll' and 'flaimbait' actually mean is worse. Both assume you know the motivation of the poster. Troll is to "post false or controversial messages to gain attention for the sake of attention". Flaimbait is to post "with the intent of provoking an angry response (a "flame") or argument over a topic the troll often has no real interest in". Who cares if you know what they mean if you can't infer the intent of the poster?
On the other hand, off-topic tends to be more clear cut. Posting a raunchy story when it is not suitable. As is 'overrated' - it implies 'in my opinion and with my mod point I thusly smite you a point'. The mod options of troll and flamebait are there specifically to promote arguments over motivation. This is not necessary. It is just like calling people 'cowards' that don't aid the economic well being of Slashdot by registering. To sum, "I disagree" is the most accurate interpretation of the negative mods. It may be wrong, but it is accurate.
I've been around since pretty much beginning. I've seen the rise and fall of Portman and grits, GNAA and Katz. As more people joined, signal to noise ratio has indeed dropped. But quite frankly, people like you are part of the noise, and always have been. People have been bitching about the dropping quality of Slashdot since your UID still put you in the noob category.
The final kicker - you're currently sitting at +1. The irony should make your head implode.
Those who can, do. Those who can't, sue.
Let's see, what can be said . . . .BAD politician for abusing his power for a personal vendetta, STUPID city attorney for not realizing what a shitstorm he'd be walking into. It's truly up to the local population to tell them both that this kind of behavior against it's citizens won't be permitted. If they don't to anything about it then the get the type of representation they deserve.
Web wise you could just watch for the Referer that brought you to the site and send up a access denied page. (if they knew what they were doing)
They had sent the cease and desist to Lowtax.
"...can a city (or any business or Web property) stop people from posting a link to its site?"
Sure. Take down the website.
Otherwise, don't go to the effort of making a public site and then suing people for pointing to it. Seriously, how many brain cells does it take?
"People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
Think about it:
1. Issue cease and desist to web developer for linking to your website.
2. Web developer responds by removing, then replacing link and asking everyone else to link to it. Hires a lawyer
3. Get national attention by counter suit and claims of "first of its kind"
4. increased backlinks boost rankings
"Lame" - Galaxar
mayor@ci.sheboygan.wi.us Man.. could you imagine being slashdotted in SHEBOYGAN. Someone please email Johnny B at the Loop (WLUP) and let him know!!!
To avoid corruption, one must remain dishonest.
How in the heck does this image get to be 1211 KB?
http://www.sheboyganpolice.co/table_organization.htm
Oh wait, the used a BMP.
Should make it easy to create a slashdot effect on this website. Whatever you do don't go to that link.
$s =~ s/Ã\(TM\)/'/sg;
-Clio
Karma: Bad (mostly from not giving a fuck)
Blog: http://clintjcl.wordpress.com
This could have been a great opportunity to monetize that site!
Man, I really wish I could "Threshold :1" real life.
"Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
Comment removed based on user account deletion
They do that here in Canada. I believe it's based on some sort of "reasonable attorney fees."
"Knowledge is the only instrument of production that is not subject to diminishing returns" -Journal of Political Econom
Comment removed based on user account deletion
It is just like calling people 'cowards' that don't aid the economic well being of Slashdot by registering.
How exactly does registering aid the economic well being of Slashdot? I know subscribing earns them money, but registering just means you have a persistent karma to follow you around, as well as the ability to choose which sections you see and how you want the various moderations weighted.
Curiosity was framed, Ignorance killed the cat.
I hope Disney notices her blatant abuse of copyright in using the image from the Incredibles. If she thinks the cities suit is bad, wait till Disney sues her. And she deserves to be sued for using frontpage and stealing other people's images.
Back in the dotboom era, registered users were gold. They are still quite valuable. By way of example, Facebook boasts their number of growing users. They don't boast the difficulty of unregistering and deleting a user's data. It is a bit indirect and difficult-to-impossible to confirm, but it is a metric by which a dollar value is placed on sites. You forgot the most important part about registering. It allows them or a nefarious party to track all of your posts, every story you read. No offense, but I don't EVER need a post tracked down to my real person. Innocous or not, there is no benefit. No benefit means the only possible affect is negative. Slashdot is MySpace, in essense.
It allows them or a nefarious party to track all of your posts, every story you read. No offense, but I don't EVER need a post tracked down to my real person. Innocous or not, there is no benefit. No benefit means the only possible affect is negative. Slashdot is MySpace, in essense.
Well, I don't know about no benefit. I find it much simpler to follow responses to messages I've posted, not to mention my good karma allows me to bump posts up a bit if I want to emphasis a point. You also earn the privilege of moderating if you're registered. I also don't see slashdot having any real need to advertise their "registered user" count, as that's more for sites looking for investors, or to be bought out by someone. Slashdot is well beyond that point already, what with their corporate overlords in OSTG and as such has no need to advertise something as pointless as subscribed users (not to mention page views is a much better metric and impresses more).
/. doesn't make you want to claw your eyes out like MySpace does (the Idle section excepted).
As for the comparison to MySpace, sure some of the comments are probably on par, but at least viewing
Curiosity was framed, Ignorance killed the cat.
Power corrupts. Absolute power corrupts absolutely. But it rocks absolutely too.
This drives me as crazy as the people who leave the cloudy plastic film on their electronics' displays.
No, the taxpayers do not deserve bad things to happen to them because those they elect abuse the public trust any more than an abused wife deserves it for marrying the wrong guy. Not like the mayor ran on the platform of anti-First Amendment.
The one silver lining is that if she can prove retaliation, elected officials could lose their qualified immunity from suit, and could be liable personally (and in some cities, a showing of bad faith by an official does not require the city to pay his lawsuits).
Now there's a result we could both agree on.
Slashdot "libertarians": Small government for me, big government for those I disagree with. -1, I disagree with you
When you put something up on the Web without a form of access control (meaning logging in, not meaning "I only give out the address to certain people"), it's public every bit as much as if you put an ad in the newspaper. Linking to your site is no different than me saying, "Hey, check out this newspaper ad CmdrTaco put in, it's really cool!".
Let me disagree with you.
If I share private data with friends or family or colleagues on a private non-indexed website, I would certainly hate to see an outsider intercept and publish the url (or the password).
A public government website financed by taxpayers is another story of course.
suing someone for pointing at a billboard.
And this differs from the status quo HOW, exactly?
http://www.sheboygan.org/ wants to load an applet.
GNU Classpath's security implementation is not complete.
HOSTILE APPLETS WILL STEAL AND/OR DESTROY YOUR DATA!
Click "Cancel" if you do not trust the source of this applet. /home/jcaldwel/.gcjwebplugin/whitelist.txt ".
Click "Trust Applet" to load and run this applet now.
Click "Trust Applet and Add To Whitelist" to always load and run this applet from now on, without asking.
The whitelist is a list of the URLs from which you trust applets.
Your whitelist file is "
http://www.sheboyganpolice.com/main.html
Sue me. I want to find out how evil I can become.
I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
Cursed wireless keyboard and low battery, it does that sometimes, misses letters :(
If I were in the municipal government there, I'd be happy if anyone wanted to link to the city Web site.
This ain't rocket surgery.
...simply requiring a password if they don't want people to get into their site like every other site in the world that has content that they don't want linked to? Probably not...
It doesn't actually happen that way. In Canada, we generally have a "loser pays" system, but it also factors in how frivolous the judge decides it is.
So if you sue a large corporation, and the judge decides that your suit was reasonable, had some merit, you could have won, but in the end you lost, then both sides will likely have to pay their own legal costs.
On the other hand, if you sue a large corporation and the judge determines that it's a waste of everyone's time and money, then you will be asked to pay for it, or at least a large portion of the costs.
Where it works well is that if you are a large organization (say, one that claims to represent musicians) you will think twice before bringing a lot of frivolous lawsuits against your clients' customers, because you know that if it goes to court and the judge realizes you have no evidence or legal ground to sue, you're going to have to pay both yours and your victim's legal bills.
How could this have helped?
Her web pages changes from "click here look at X at the police departments site" to "look at X at the police department's site, google for the ABC police department, because in an effort to cover this up they're using a cease and desist order to prevent me from directly linking to them." Or... have the address, but not as a link to sidestep.
This makes the lady look right to call for the mayor's dismissal. The mayor can't be expected to understand everything, but he can be expected to consult appropriate contacts as needed. If he can't figure out how ineffective this would be, he isn't smart enough to be a mayor.
This also shows a petty-ness of character of the mayor to do such a thing, and suggests both
don't bother dealing with this town, official business may be randomly delayed by "more important" personal vendettas
and
watch your Ps and Qs, or you could be next, we'll stop at nothing to massage our egos
After this incident, I can see a second recall going through. I'd support it the second time even if I'd been against it the first.
http://www.racialicious.com/
try reading some of their experience.
I'm "white", but my "religion" isn't, nor has it ever been western,
so I've been subject to a hell of a lot of bizarre assumptions by "christians".
( parents tried to make me one: didn't stick )
They generally assume that giving is some kind of scam.
don't know why they do, but in my eastern religion, giving's kinda normal.
to westerners giving is some kind of leverage one's torquing obligation into others with?
bizarre. Wrong Planet, as far as I'm concerned.
Only by honestly considering other KINDS of experience, though,
in the words of the experiencer,
did I learn much of a handle on other's experience.
equanimity comes of that, and equanimity is wonderfully nice to enjoy.
Oh, 1 last thing:
if one's been subject to both pervasive abuse & boundary-violation
( molesting is one kind of that, doesn't need "sex" for either partner, does need "authority" and deep violation of one's person/validity )
then it takes decades, IF one is lucky, to force one to finish forming as a whole human being, the way healthy / non-messed-with children do.
( 50%/50% chance of becoming whole by 50 years old? probably not that good odds )
And interestingly, what any abuser could have told me long ago, when you "hit" someone, if you hit a huge & deep bruise, all the hurt in 'em hits 'em in the face, throwing 'em back into the whole of it, all at once, at a deep level.
iow, it takes many years of NOT being subject to abuse to form healthy / whole human worth.
I wish everyone could get that non-beaten real worth.
It's too bad my parents won't ever understand it, though ( from what I could see ).
+1 Insightful
It was. Some of the replies and the moderation to those post further strengthen my argument.
But what the words 'troll' and 'flaimbait' actually mean is worse. Both assume you know the motivation of the poster.
That's exactly the point. That's when you are supposed to use those mods; when you *know*. Both are easy to spot yet if you go based solely on modded posts, they'll almost always be wrong. Again, you've made one of my points. People are using these mods despite the fact the posts don't meet the requirements. This means they are bad mods. Furthermore, the meta-mod system is not correcting the majority of these.
On the other hand, off-topic tends to be more clear cut.
I agree. This thread would quality. And had the system worked, it's what I should have been modded. In stead, I was modded troll, etc.. And it is very clear, nothing in my post is trollish or flame bait. People may disagree, and that's fine, but then again, that's what replies are for, not mod points.
As is 'overrated' - it implies 'in my opinion and with my mod point I thusly smite you a point'.
That is a common use. I don't think I have an issues with it. Having said that, I don't use it as such. I use it to close out threads where factually incorrect information was provided and modded up. If these are left modded up, they distract from the topic. In other words, they do have legitimate use. And IIRC, they allow for corrections without punishment which can be a nice benefit.
A web designer created a web link to the main site of a public, government institution. The city then issued her with a cease and desist order and began a police investigaton againt this person. This is patently wrong, and is behaviour which needs to be discouraged.
Nope, you could probably get a patent for that (that is if one doesn't already exist).
It's me...the "Web Gate" gal. : ) I had to drop in to sincerely extend many thanks to all of you expressing support and kind words regarding the link "issue". I have read everything and appreciate all the comments so much - even the dissenters; after all, that very freedom to express dissent is part and parcel of our treasured constitutional rights. Obviously I cannot say much at this time, but please, no matter which side of the fence you're on, do realize this is a very, VERY difficult thing to go through. I move foward with the fervent hope that in the end, case law will be made so not one of my fellow techies/geeks/nerds in America ever need go through anything like this again. I do not know how to appropriately show my gratitude to all of you showing me support...BUT! I did think of one thing I can do - I CAN LINK! If you support me and would like your link placed on "THE LINKS PAGE" that started this landmark case (which is getting tons of hits), please use the contact form on Brat City Web Design and let me know what you would like posted. Oh and yes, we must keep the sites clean and wholesome, of course. Thank you again to all and feel free to contact me, as I really cannot post publicly like this again for a while. Godspeed!
Durrrrrrrrrrrr