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Go To Jail For Visiting a Web Site? Top Law Prof Talks Up the Idea (slate.com)

David Rothman writes: Eric Posner, the fourth most-cited law professor in the U.S., says the government may need to jail you if you even visit an ISIS site after enough warnings. He says, "Never before in our history have enemies outside the United States been able to propagate genuinely dangerous ideas on American territory in such an effective way—and by this I mean ideas that lead directly to terrorist attacks that kill people. The novelty of this threat calls for new thinking about limits on freedom of speech.

The law would provide graduated penalties. After the first violation, a person would receive a warning letter from the government; subsequent violations would result in fines or prison sentences. The idea would be to get out the word that looking at ISIS-related websites, like looking at websites that display child pornography, is strictly forbidden" There would be exemptions for Washington-blessed journalists and others. Whew! Alas, this man isn't Donald Trump — he is a widely respected University of Chicago faculty member writing in Slate.

20 of 563 comments (clear)

  1. Send the prof a shortened link by Anonymous Coward · · Score: 5, Insightful

    Maybe he'll realize why it's a horrendously idiotic idea. Probably not though, people who envision draconian laws always do it believing that they'll never become a victim of their own fuckery.

    1. Re: Send the prof a shortened link by Anonymous Coward · · Score: 5, Insightful

      Adds a whole new dimension, to the clasdic game of Rick-rolling ;-)

    2. Re:Send the prof a shortened link by Speck'sBacon · · Score: 5, Insightful

      And apparently have the same level of understanding of our Constitution...

    3. Re:Send the prof a shortened link by vtcodger · · Score: 5, Insightful

      Jail for those who view proscribed web sites? What could possibly go wrong?

      Well, how about the obvious thing that HTML links typically do not display the actual link, but rather a terse description? Your neighbor's dog barks all night? Send him a link to "Free Porn, and lot's of it" that actually links to violent.deathtoalinfidels.sa. Be sure and wave and smile brightly when he is carted off to the big house. Then call animal control and complain that with your neighbor in jail, the dog will not be adequately cared for.

      Then there's that first amendment thing (not that we americans pay all that much attention it). Possibly someone should slip Posner a false link to one of the many sites displaying the US constitution.

      --
      You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
    4. Re:Send the prof a shortened link by jedidiah · · Score: 5, Insightful

      There's a big difference between people that are supposed to be legal scholars and some random nut bag. You should be able to expect more out of a professor than a random nut bag. The fact that you actually can't, is the really sad thing here.

      There will always be idiots.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Send the prof a shortened link by The-Ixian · · Score: 5, Insightful

      Right. A whole new version of swatting is born...

      The thing is, how are you supposed to make any kind of informed decisions if you don't have all of the information.

      We may not like what terrorists have to say, but somewhere deep down there is a grievance or possibly an injustice.

      This is the proverbial slippery slope. Once the government deems a group a terrorist organization, all information about that organization suddenly becomes filtered through approved channels. What if they were misidentified accidentally or purposefully? What if there are multiple "wings" of the same organization, some being non-violent who are just trying to affect change?

      Yeah I don't like this idea at all.

      By all means, put the repeated visitor of the site on a watch list or something, but don't lock them up for viewing proscribed content.

      --
      My eyes reflect the stars and a smile lights up my face.
  2. land of the the free ? by Anonymous Coward · · Score: 5, Insightful

    USA how deep will you sink? Please stop.

    1. Re:land of the the free ? by Anonymous Coward · · Score: 5, Insightful

      He isn't some random dude. He is a law professor. And one of the most cited in the country. Come on. He should be fired immediately.

    2. Re:land of the the free ? by Runaway1956 · · Score: 5, Insightful

      So, let me get this straight. Because you fear, I should be restricted.

      You fear terrorists, so I must not visit a terrorist web site.
      You fear bombs, so I must not know how to make a bomb.
      You fear guns, so I must not own a gun.

      What I understand is, you are a fascist, who has decided that you must dictate how I live my life, to assuage your baseless fears.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:land of the the free ? by spoot · · Score: 5, Insightful

      Hey, I downloaded and read every issue of Dabiq (the ISIL/ISIS,etc..) magazine. I want to know what the hell these people are teaching and thinking. It's called being informed, not an act of treason. http://www.clarionproject.org/...

    4. Re:land of the the free ? by Sperbels · · Score: 5, Insightful

      And further down slippery slope we get to... You fear knowledge, so I must not possess any. You fear freedom, so I must not be free.

    5. Re:land of the the free ? by KermodeBear · · Score: 5, Insightful

      The Great Experiment hasn't completely failed - we still have a chance to turn this boat around.

      We can still vote. You may say that it doesn't matter, but it does. Stop voting for people that you know are crooked. Stop voting for people who use fear as an excuse for everything. Stop voting for people who have "a pen and a phone" to get things done, and damn what the laws say.

      Start voting for people who know the constitution and use it to guide their decisions. It will take time to flush all the shit down the toilet, but after a few election cycles, flooding the government with people of principal will make a difference. A huge difference.

      Educate yourself. Then educate your family. Then educate your friends. It doesn't take very much.

      The failure of education and the rise of apathy is our biggest enemy right now. The government is only as shitty as it is because we, as a citizenry, keep electing the same people over and over and over again. We bitch and moan, but then next time we do it again anyway.

      There is a way out and there is still time - just not much.

      --
      Love sees no species.
    6. Re:land of the the free ? by losfromla · · Score: 5, Interesting

      Bernie Sanders - He's worth voting for, actually his whole life narrative has been consistent and shows him to be someone worth voting for.

      --
      Only I can judge you.
  3. Dangerous idea by Anonymous Coward · · Score: 5, Insightful

    I can see this being taken advantage of to quell free speech. For example, visiting a Tea Party or Libertarian website could land you in jail someday. Who gets to decide what is dangerous?

    Also, wouldn't blocking certain websites be more effective? If they were using a foreign VPN, the US government wouldn't necessarily know anyway.

    1. Re:Dangerous idea by Anonymous Coward · · Score: 5, Funny

      Now you have done it, the terrorist know where it is!

  4. ...dangerous ideas... by Mirar · · Score: 5, Insightful

    ""Never before in our history have enemies outside the United States been able to propagate genuinely dangerous ideas on American territory in such an effective way"

    I first thought he was talking about the idea that people might go to jail for merely visiting webpages.

    1. Re:...dangerous ideas... by Anonymous Coward · · Score: 5, Insightful

      the risks are also vastly overstated, roughly 30000 people die in traffic accidents in the US every year so if people want to be scared of something it should cars not terrorists

  5. A bad case of WTF blindness by Anonymous Coward · · Score: 5, Informative

    Something has going seriously wrong when a well respected professor of law begins saying that there are dangerous ideas, and that ideas can be the direct cause of terrorism.

  6. Learn from Putin by sinij · · Score: 5, Insightful

    State is more than capable of effective propaganda (or counter-propaganda). If ISIS is such existential threat, then correct approach to defeat their speech is more speech. For a fraction of what it costs to bomb them US Gov't can create top-notch documentaries and satire to effectively neutralize the threat.

    Those willing to give up their freedoms... and all that.

    1. Re:Learn from Putin by JackieBrown · · Score: 5, Insightful

      State is more than capable of effective propaganda (or counter-propaganda). If ISIS is such existential threat, then correct approach to defeat their speech is more speech. For a fraction of what it costs to bomb them US Gov't can create top-notch documentaries and satire to effectively neutralize the threat.

      It is hard to criticize ISIS without sounding like you are criticizing Islam. It is much more politically correct to bomb a country than to criticize a culture.