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Texas Teen Arrested Under New Online Harassment Law

SpaceGhost sends in a story from San Antonio, TX: "Police have arrested a 16-year-old girl on charges of harassment under a new Texas law that took effect September 1, 2009. H.B. 2003 says a person commits a third degree felony if the person posts one or more messages on a social networking site with the intent to harm, defraud, intimidate or threaten another person. Police say the harassment went on for a few months and involved a dispute over a boy. ... Some people expect legal challenges to the constitutionality of the new Internet law.' The law is evidently a response to the Lori Drew case.

8 of 494 comments (clear)

  1. SHITCOCK! by e2d2 · · Score: 4, Interesting

    There's a big difference between saying "This person, IMHO, is an asshole" and "I'm gonna punch your face until you bleed from the asshole" (just an example, I have never ever said such horrendous things. I'm appalled that you would take me for that kind of person you fucking piece of shit! I'LL KILL YOU!)

    But seriously, I tell my kid and other kids in my family - don't say anything you wouldn't say in person. And if you threaten someone in person, well that's assault.

    People need to learn that being a SHITCOCK Internet Fuckwad is unacceptable. People also need to grow thicker skin, but when it truly hurts someone it's time to stop.

    1. Re:SHITCOCK! by Locke2005 · · Score: 4, Interesting

      Agreed, actual threats of physical violence SHOULD be unlawful,,, but if you are threatening to kill someone, it doesn't really matter whether or not you are doing it online, does it? Making a law that ONLY applies to online behavior is assinine -- could she have printed the same statements out on paper and gotten away with it? Why is publishing them online any different?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  2. Re:Your Honor! by macbeth66 · · Score: 4, Interesting

    Sure it is. That way, if it can't be resolved through the means you suggested, it goes to court. Not everything goes to court, sometimes people talk to each and resolve their differences. But, when you can't, you let the court decide. But, you have to give the courts some teeth.

    These are the same kinds of laws that give people recourse for harassment and stalking. Something that the courts could nothing about until just recently. At least, in the USA.

  3. socialnetdef by muckracer · · Score: 4, Interesting

    So what is the legal definition of a social networking site anyway. Is Slashdot a SNS?

  4. Re:Your Honor! by hairyfeet · · Score: 5, Interesting

    Reminds me of a bit from one of my favorite movies "You sharpen the human appetite to the point where it can split atoms with its desire; you build egos the size of cathedrals; fiber-optically connect the world to every eager impulse; grease even the dullest dreams with these dollar-green, gold-plated fantasies, until every human becomes an aspiring emperor, becomes his own God... and where can you go from there?"

    You mix the combination of giant egos with Gabriel's Greater Internet Fuckwad Theory and you end up with some seriously large douches. But the problem with laws like this is they ALWAYS get abused. Look at the 6 year old who was suspended and looking at being sent to a school for juvenile offenders for bring his cub scout multi-tool to school to eat lunch with. Laws like this will be badly abused, and the last thing we need is one of the last bastions of truly free speech turning into a place where you can't speak your mind for fear of getting arrested or sued. I for one would rather have free speech than some bureaucrat deciding whether or not something I said on a forum could take away my freedom, wouldn't you?

    --
    ACs don't waste your time replying, your posts are never seen by me.
  5. Re:Your Honor! by NtroP · · Score: 4, Interesting

    Depends on whether you were the stronger or the weaker of the disputing parties, I suspect...

    Actually, I disagree. I realize in this oh-so-civilized and politically-correct world I'm a bit of a neanderthal, but as the weaker one in may confrontations growing up, there was a certain finality and satisfaction in just facing your tormentor or opponent and having it out. Many times I was left with the split lip or black eye, but was able to walk away knowing that I'd at least defended my honor. As stupid as it sounds, things were never left to fester long enough to get to Columbine-proportions let alone anything that would be considered a severe beating.

    I didn't fight often, but that was because I learned very quickly that my actions had consequences. I learned that it can sometimes hurt as much to punch someone as to get punched. I also learned that to avoid a physical confrontation, I needed to work on my diplomacy and many times my over-all prick-titude.

    Kids these days barely get the chance to use harsh-language against each other before an adult steps in. They see people on TV and in the movies getting in horrific fights that would quickly render a real person unconscious or dead, getting right back up again, ready for more. They've never experienced the fear and pain of defeat, let alone the fear and pain of victory. Without an early outlet for small disagreements some people bottle it up until they explode. Often, they just commit suicide, but sometimes they take the small hurts way too far, grab a gun and kill someone. We can sit on the outside, wring our hands and say "Why would someone kill someone else over a little thing like that?" Well, it's not a little thing when you spend your whole life feeling powerless.

    When I was a kid you'd never hear about someone shooting up their school. Why? For one thing, half the pickup trucks in the high school parking lot had a rifle in the back window. The kids actually hunted with them and had first-hand knowledge of the damage they did to flesh and what death and blood smells like. They'd never reach for a gun in a fight. They'd lose hand-to-hand first. Second, there was a spot, right off school grounds, that was the de facto fighting spot. You knew, when you were called out where to be and at what time.

    If you chose not to show up, you lost and were dishonored. If you showed up, defeated your opponent, and then proceeded to beat him while he was down, you were considered a loser, which was a bigger dishonor that not showing up. If you lost, at least it was over and you were respected for standing up for yourself. The strange part about that was, after the first time a big bully beat a smaller kid there, it rarely happened again. The big bully didn't get near the accolades they'd envisioned after beating up on a weaker kid in full public view of their classmates. In fact, it was usually the weaker kid who came out better in the eyes of their peers. Of course, if you didn't show up you weren't lauded for your passivity, you were scorned for not being willing to stand up for yourself. No one had any respect for someone who wouldn't stand up for themselves (or their girlfriends more often than not).

    I love when I hear naive people say "violence doesn't solve anything". Bullshit. Violence almost always solves the problem, one way or the other. It just may not be the best way to solve the problem. But when you've never known real violence, never dealt real violence, it all sort of becomes unreal. When you grow up your whole life being told that pacifism is so noble and everything can be resolved with talking and reason you lose touch with the grim, gritty reality that comes with getting that bloody nose. So when you find yourself in a situation when the other party won't just accept your reason and when you can't find any adults/officials to come to your rescue and make the other party see reason, your sense of frustration grows to the point where the violence you've never experienced takes on a seductive kind of

    --
    "terrorism" and "pedophilia" are the root passwords to the Constitution
  6. Re:Your Honor! by BJ_Covert_Action · · Score: 4, Interesting

    An entire generation or more has been raised to believe in its own innate and unearned importance...

    That is quite a sweeping generalization. I am not sure which generation you are referring to, but if it is my own (I am 23) I would be inclined to disagree with you via a caveat. I will agree that, in general, there are quite a few folks who fit the description that you just posted. Nonetheless, I would caveat that there are some of us, in every generation (not just my own) that know without a doubt that we do not have unlimited entitlement and rights. There are even some of us that know that the Law is not an institution to be used for the abuse of personal gain. In fact, some of us, in every generation, outright abhor the strange exponential increase in the complexity of the Law in general.

    So, in principle, I agree that there are quite a few folk out there that think the way you mentioned, using the term, 'an entire generation' really does disrespect those of us that try to remain rational, calm, pragmatic, and realistic. Please, don't lump entire groups of people together as if we are all just walking stereotypes to be typified into a particular Aristotelian category. There are always shades of gray.

  7. Re:Your Honor! by meringuoid · · Score: 5, Interesting
    And what about all those who don't want to fight, not because they are weak, but because they don't like fighting.

    The existence of people like that endangers the whole system whereby respect and status are established by means of violence. Consider: an alpha male in the schoolyard has established his position against all rivals by means of fights. He now becomes aware of a subculture that does not respect him for this - they may fear him, but they don't admire him. These people are called 'nerds' and they admire and respect intellectual accomplishment. Or a large collection of Warhammer 40K figures. Either way, they neither admire nor respect the willingness or ability to engage in physical fights. Indeed, they openly disdain it.

    This completely undermines his position! This alpha male demands the respect due to him for being so masculine and violent! And so he expresses himself in the only way he knows how: he beats up nerds until he has established to the satisfaction of his peers that he will not tolerate disrespect from inferiors of zero status, from people who have no interest in violence at all.

    Looking back on it from a distance of fifteen years or so it's a fascinating sociological study. Thank fuck I'm no longer living in it.

    --
    Real Daleks don't climb stairs - they level the building.