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Kentucky Bill: Wait an Hour Before Posting Injuries To Social Media (kentucky.com)

An anonymous reader writes: A Kentucky state representative is developing an unusual piece of legislation. It would impose a delay on people posting about an event on social media if the event resulted in serious injury. Users caught violating this law would face fines ranging from $20-$100. It wouldn't restrict media, victims, or first responders — just bystanders. Representative John Carney says, "It's purely my intent to get a discussion going out there, asking people to be more respectful about what they put on social media. We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media."

Opponents of the bill point out the difficulty in determining who qualifies as "media" in the age of social networks, not to mention the potential conflict with the First Amendment. Carney recognizes the difficulty, and says he doesn't intend to push the bill immediately, but notes that he's trying to solve a real problem. Tiger Robinson, a local public safety director, said, "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

177 of 257 comments (clear)

  1. Law or morality? by Anonymous Coward · · Score: 1, Insightful

    The guy is right, what have we become?

    1. Re:Law or morality? by Penguinisto · · Score: 5, Insightful

      Sorry, dude - As long as it ain't false+defamatory or a false incitement to panic, the First Amendment says that bystanders can pretty much say whatever they want about whatever they see in public - whenever they want, even while it's still happening.

      One would of course hope that bystanders would have enough decency to show at least a basic discretion about it, but if they don't the problem is with the bystanders, not the laws. Maybe try and gently promote a cultural shift that would give the desired outcome, but using the law as a cudgel to enforce discretion in such a public instance is the wrong way to go.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:Law or morality? by vux984 · · Score: 1

      The guy is right, what have we become?

      Agreed AC.

      Its hard to imagine how this could *ever* be a law I would support; due to my support for free speech and other principles.

      But at the same time, I know that in most cases the posting photos of accident victims, and accidents etc to facebook and twitter is supremely disrespectful and only serves to fulfill the posters own ego and thirst for attention. Its morally indefensible.

    3. Re:Law or morality? by Archtech · · Score: 1

      It doesn't seem to be an appropriate use of the law to prevent people from posting. But what kind of people would do such a thing?

      Empathy - they've heard of it.

      --
      I am sure that there are many other solipsists out there.
    4. Re:Law or morality? by Threni · · Score: 2

      Other parts of the world? Other meaning not....America, I take it? Have you not seen some of the more tasteless subreddits?

    5. Re:Law or morality? by radiumsoup · · Score: 1

      well, according to the summary (no idea what's in the article, because...well, you know), that's exactly what this legislator is doing...he's opening the conversation by presenting an unpassable bill for the sake of starting the conversation. He has no actual intent of having the bill passed. That's the gist I got, anyway

    6. Re:Law or morality? by Anonymous Coward · · Score: 1

      You can't legislate this. Posting pictures of car crash fatalities online with taglines like "haha fukcen n00b lern to drive!" isn't a problem for the law to solve. This is a problem in society akin to teaching people to be nice - you can't do that. The behavior is very distasteful and hideously disrespectful, but it's not illegal.

      Implementing any law here will likely cause more harm than good. Teens are posting dick pics and getting caught up in the sex offender registry for something that I think we'd all agree is just "young naivete". This is just the same shameless behavior in a different form.

    7. Re:Law or morality? by sycodon · · Score: 1

      Reddit?

      I am proud to say I've never browsed Reddit. I guess it's one of the more seedy parts of the internet?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    8. Re:Law or morality? by idontgno · · Score: 1

      Thankfully, availing one's self of the First Amendment doesn't require any kind of moral defense.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    9. Re:Law or morality? by Anonymous Coward · · Score: 1, Interesting

      Well, copyright law already infringes on the freedom of the press, so there's obviously some ground for a restriction (yes, they're both in the constitution). However, there may be a case for assigning civil liability to the presumed harm done by posting photos before notification of the next of kin has been made, and a much stronger case for assigning civil liability in the case that the next of kin sees the photos before civil authorities do a next of kin notification.

    10. Re:Law or morality? by aaron4801 · · Score: 1

      But he graciously exempted "media." I can't wait to see what his definition of that is.

    11. Re:Law or morality? by barbariccow · · Score: 2

      I think you don't understand copyright law.

    12. Re:Law or morality? by barbariccow · · Score: 3, Interesting

      The guy is right, what have we become?

      Agreed AC.

      Its hard to imagine how this could *ever* be a law I would support; due to my support for free speech and other principles.

      But at the same time, I know that in most cases the posting photos of accident victims, and accidents etc to facebook and twitter is supremely disrespectful and only serves to fulfill the posters own ego and thirst for attention. Its morally indefensible.

      It depends. What if those "victims" were shot recently by police? Now it changes, "Oh that could be evidence of police brutality!" What if you're filming people running out of a burning building? Wouldn't YOU like to see YOUR relatives getting out, rather than wondering if they did? What if they are recording medical malpractice on YOUR daughter being handled, wouldn't you rather see/know that than only here "There's nothing we could have done"?

      Generally, when there is a ton of injuries, it is a natural disaster or an act of man, either way it is better documented by civilians. This law is basically to create an elite media, call it a "Ministry of Truth", which is only allowed to do first-responding documentation.

    13. Re:Law or morality? by darkain · · Score: 2, Insightful

      This. All of this! This very situation came into play during the Boston marathon bombing. The FBI used photo and video content from social media to piece together parts of the scene where they didn't already have their own eyes covering. Authorities and civilians should be working together for a common good, not battling against each other for who has the right to document a situation in public space.

    14. Re:Law or morality? by buck-yar · · Score: 1

      Recent court cases have highlighted how rights aren't unlimited ("Like most rights, the right secured by the Second Amendment is not unlimited." Scalia, Heller vs DC).

      So there may be reasonable regulation on speech.

    15. Re:Law or morality? by CrankyFool · · Score: 1

      How does it stop you from filming any of this stuff? It just says "wait an hour." You can disagree or argue about that, but I don't see how you can argue that "wait an hour before publicly posting" in any way interferes with our ability to film the event.

    16. Re: Law or morality? by ememisya · · Score: 1

      I think is "the Internet of Things" for rubbernecking.

    17. Re:Law or morality? by X0563511 · · Score: 1

      Think of it as a massive site filled with their own little slashdots that are, more or less, self moderated.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    18. Re:Law or morality? by vux984 · · Score: 1

      only allowed to do first-responding documentation.

      The proposed law says... wait an hour to publish. It doesn't say you can't document from ground zero minute zero.

    19. Re:Law or morality? by meglon · · Score: 1

      Maybe you conservatives should have warned everyone that if they didn't do things YOUR WAY, you'd burn down everything in society just because you're spiteful egotistical dicks. Here we are... where another conservative at the state level talks about stripping people of their constitutional rights.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    20. Re:Law or morality? by msauve · · Score: 1

      Copyright is a specific power given to government by the Constitution.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    21. Re:Law or morality? by youngone · · Score: 1

      It depends on what you're interested in. One of the subreddits I browse regularly is a really nice community of like minded people discussing a sport we're all interested in.

    22. Re:Law or morality? by youngone · · Score: 1
      I assumed that too, as IANAL or even American, but even I can see the unconstitutional bits of any law like this one. I'm going to assume the legislator in question is not a complete idiot.

      I know, it's a risk.

    23. Re:Law or morality? by msauve · · Score: 4, Insightful

      ...and the 2nd Amendment says the people have a right to bear arms. Just as people argue that there are "common sense" infringements of that right, why not similar for the press? For example, I'd like to see perfumed inserts outlawed, just like "cop killer" bullets. To be part of the "free press," should require a journalism degree, just like a license is needed in most states to carry a concealed weapon. Publications should be limited to 10 pages, just like firearm magazines are limited to 10 rounds in some locations. Why not outlaw high speed presses, which amplify the damage done by irresponsible journalists, just as automatic weapons are basically outlawed? It also obviously doesn't cover radio, TV or Internet, since the founding fathers couldn't have imagined those things, so they can obviously be regulated, just like newer firearms.

      It's just common sense, and entirely Constitutional based on precedent.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    24. Re: Law or morality? by Anonymous Coward · · Score: 1

      Authorities and civilians? You mean civilians and civilians. Police? Civilians. FBI? Civilians. Any other non-military agency? Civilians. And probably not aliens. Maybe. But definitely civilians.

    25. Re:Law or morality? by Dread_ed · · Score: 2, Insightful

      What if a police officer was beating your kid. With this law in place anyone recording the beating could be taken into custody to prevent the premature dissemination of the video. Oh, and would you look at that, somehow the footage of the police beating that poor dead kid just disappeared.

      Yeah, no way this is a bad idea.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    26. Re:Law or morality? by Dread_ed · · Score: 5, Insightful

      But a police officer would have a perfect reason to detain you if you recorded them beating or shooting someone. Of course they would ostensibly be working for the rights of the family of the person they mangled. You know, ensuring the video didn't get out before it was legal. But then the video gets erased, or the recording device disappears.

      This is the last thing we need.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    27. Re:Law or morality? by CrankyFool · · Score: 1

      You know that cops don't typically arrest you prior to committing a crime, right? That's not, typically, how law enforcement works.

    28. Re:Law or morality? by tsqr · · Score: 2

      copy written

      Sigh

    29. Re:Law or morality? by EEPROMS · · Score: 1

      I find it amusing that if I had a camera with CNN sticker on it while filming a car being pulled out of the river with bodies in it that's fine. But if I'm a citizen journalist filming the same event on my mobile then posting it on the net now I am immoral for some reason. Even more mental gymnastics in understanding morality in this for me is that big media post video/images on the net as fast as any citizen journalist these days.

    30. Re:Law or morality? by temcat · · Score: 1

      But that's really how it is. As an ordinary citizen (not a policeman etc.), you're free to look the other way and nobody is going to prosecute you for that.

    31. Re:Law or morality? by parkinglot777 · · Score: 1

      Unrestricted freedom of the press would include the freedom to print what someone else wrote. So yes, copyright is a restriction of that freedom.

      You could say that, but it is not totally true. Fair use can be applied if the conditions are right. It is depended on your intent of what you called freedom.

    32. Re:Law or morality? by MitchDev · · Score: 1

      One person's "reasonavble" is another person's "censorship"

      Slippery slope to fascism...

    33. Re:Law or morality? by LifesABeach · · Score: 1

      Well dumb ass, you've wondered into a Technical forum, can you find your way back to "fox news" and wail your proud ignorance over there?

    34. Re: Law or morality? by LifesABeach · · Score: 1

      Water-sperts?

    35. Re:Law or morality? by dcw3 · · Score: 1

      Maybe you conservatives should have warned everyone that if they didn't do things YOUR WAY, you'd burn down everything in society just because you're spiteful egotistical dicks. Here we are... where another conservative at the state level talks about stripping people of their constitutional rights.

      Thanks for that spiteful egotistical profiling...Dick!

      --
      Just another day in Paradise
    36. Re:Law or morality? by kilfarsnar · · Score: 1

      Okay, explain what I grossly misunderstand. How is it not a prior restraint on the freedom of the press? I mean, if I publish something that's copy written, then I get civil fines and potentially go to jail. That's clearly a prior restraint.

      It seems that what you don't understand is that copyright is the right to copy, not the write to copy or the right to write. So what you're not allowed to do is publish something that is copyrighted.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    37. Re:Law or morality? by dcw3 · · Score: 1

      I love when people bring out the "common sense" argument, as if everyone is in agreement. If you ask a republican and a democrat about what the common sense rule should be for guns, or abortion, do you think you'd get the same answer? There really is no such thing as "common sense" IMO.

      Recognized limits to constitutional rights have typically been drawn across the lines of either public safety (don't yell fire in a crowded theater), or when your actions are impeding on those of someone else.

      I'm too lazy to look it up, but believe SCOTUS has set precedent on speech limitations...think Westboro Baptist Church, etc. I think it's very doubtful any new laws would be found constitutional.

      --
      Just another day in Paradise
    38. Re:Law or morality? by dcw3 · · Score: 1

      Putting limitations on the posting timing would be a limitation of first amendment rights to free speech. You and I may find it distasteful (Westboro, *cough, cough*), hateful (KKK), etc., but it's still allowed. Contrary to popular opinion, we don't have a right to not be offended.

      --
      Just another day in Paradise
    39. Re:Law or morality? by meglon · · Score: 1

      Maybe you should read the bullshit post i responded to that basically said if we'd just followed the dogma of the conservative religious fucks, the world wouldn't be such a harsh place to be....except... people seem to prefer freedom over religious fucktards trying to step on their neck. Conservatives are up in arms about the whole "PC" thing, yet what they really means is... show us respect while we be fucking bigoted assholes to anyone we want. So yes, once again, we have a fucking conservative elected official talking about stripping peoples constitutional rights because HE doesn't like their actions.

      Here's an idea... maybe any conservative that doesn't fit that profile should stand up and denounce those loud vocal pieces of shit that do.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    40. Re:Law or morality? by david_thornley · · Score: 1

      If you write your own stuff, you don't worry about copyright. What copyright law says is what you can copy of somebody else's stuff without permission.

      Copyright does not stop you from saying anything you want. It stops you from using somebody else's words or pictures without permission. Write your own words and take your own pictures, and you're fine. If you can't write what you want to say without using somebody else's words, then I really don't care about your problems.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    41. Re:Law or morality? by david_thornley · · Score: 1

      The basic problem is that we can't pass laws to prevent people from being assholes without doing far worse damage to the populace and society.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    42. Re:Law or morality? by david_thornley · · Score: 1

      Yup. And a lot of people, looking at available video, concluded that one particular person was guilty, when he wasn't. The results for him weren't good.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    43. Re:Law or morality? by dcw3 · · Score: 1

      And I was under the impression that liberals didn't like stereotyping. Maybe you didn't notice, but there's a bit of a rift in the right. Also, conservative != religious.

      --
      Just another day in Paradise
    44. Re:Law or morality? by Dread_ed · · Score: 1

      Police don't typically beat people to death, shoot them for being the wrong color, or generally go around trampling on the rights of law abiding citizens either, but I definitely don't want to give them easy access to revisionary tactics that would make covering up misuse of power as easy as 1-2-3.

      A law stating that it is illegal to upload photos of a certain type without waiting a certain time frame would be incredibly easy to abuse. The police only need to utter one phrase and you are on the ground, cuffed, and taking the ride downtown where who knows what will happen to your person and personal effects. That phrase? "Are you uploading that video?" Presto! You're now a victim of the "system."

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    45. Re:Law or morality? by meglon · · Score: 1

      Then read what i was replying to, and use a little context.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    46. Re:Law or morality? by kmoser · · Score: 1

      If you write your own stuff, you don't worry about copyright. What copyright law says is what you can copy of somebody else's stuff without permission.

      If you write your own stuff, you worry about other people copying it.

    47. Re:Law or morality? by epyT-R · · Score: 1

      Sorry buddy, but these days, stripping citizens of constitutional rights is a bipartisan effort.

    48. Re:Law or morality? by vux984 · · Score: 1

      Nope, don't want to. I'll publish what I want, when I want and there's not a damned thing you or this clown in Kentucky can do about it.

      And I'll defend your right to do it too.
      But you're still a complete douchebag for doing it.

    49. Re:Law or morality? by epyT-R · · Score: 1

      So when feminists demonize, lie about, and stereotype men, or when someone like al sharpton makes generalizations about whites, they aren't also bigoted assholes? See the problem here is one of double standards. If you're going to preach tolerance you also have to practice it. Liberals today are little different than those neo-conservative religious 'fucktards': They both want to use the state to impose a cultural package on the country.

    50. Re:Law or morality? by epyT-R · · Score: 1

      Talking about an event is not, nor should it be, a crime... at least not in free countries. Leave that shit for North Korea or the old Soviet Union.

    51. Re: Law or morality? by Cinnamon+Beige · · Score: 1

      This law's only going after a cool-off period, and doesn't seem to aim for anything more than preventing public dissemination of those images before that time is up. You do realize that it's possible to upload things to secure but private places, right? (And then you can open bidding to the media, who might not bother paying you for your footage otherwise.)

      In some ways letting people be liable for publishing graphic images of others might be both worse and already quite legal. If the public wants to be treated like professionals, then why not let them enjoy the full experience, including the paperwork burdens involved such as getting releases signed? The current rule for fair game (when you don't need a release) is public space and visible to public. So: lady in skirt on a city street is okay, an upskirt shot of same is not. There is, however, on the liberal side a movement to require consent always, at least if you are photographing a woman... (I wish I was making that up.)

    52. Re: Law or morality? by Cinnamon+Beige · · Score: 1

      That's why it must be specific about when, what, and how you can upload it: if it says I have to wait an hour to post it to social media, then I can upload it to a private cloud account immediately...and, in fact, my phone does so automatically. (It's not something hard to set up, and since it's automated I do not need to do a thing.)

  2. Good luck with that by redmid17 · · Score: 4, Insightful

    Even if the law were to pass and it survive all legal challenges -- and it most certainly wouldn't -- there are always going to be an insensitive idiots. I'm sure the victims would feel a ton better with random people taking pictures and spreading them instead of a news channel or newspaper.

    This easily falls in the "Why the fuck would you even bother" category. Seriously, this is the best response you could come up with to an incident in your district? Send out an email to your voter base and write a FB update praising people who respect the privacy and dignity of accident (or crime) victims. It's great because you wouldn't look like an idiot, would appear respectful, and it would have a bit more impact.

    1. Re:Good luck with that by armanox · · Score: 1

      I would think the goalshould be to get people to do something to actually help rather then just blog about it

      --
      I'm starting to think GNU is the problem with "GNU/Linux" these days.
    2. Re:Good luck with that by jeffmflanagan · · Score: 1

      With the low fine, and unconstitutionality, it seems like this rep is trolling us.
      How can he possibly be serious?

      Horrible people posting inappropriate things is just one of the bad things that come along with all the good the Internet brings us. I don't think there's anything we can do about it. You can't legislate compassion into people.

    3. Re:Good luck with that by Penguinisto · · Score: 1

      This, right here... hell, even as a politician he could go out of his way to shame and ridicule the dolt who decided that youtube/facebook hits are more important to him than discretion and dignity. Now *that* would have a lot more impact.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Good luck with that by Opportunist · · Score: 1

      Yeah, that's what's gonna happen.

      People will use that hour to get the best shots. If they even care about a fine of 100 bucks.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Good luck with that by Penguinisto · · Score: 1

      Are you kidding? With the right tabloid/media outlet, $100 is chump change compared to the cashing-in you can get from the likes of CNN or the National Enquirer (depending on what and whom you get video/images of)...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    6. Re:Good luck with that by stephanruby · · Score: 1

      Also, when there is an accident involving a loved one, I want to know as soon as possible. I don't need someone to cushion the blow, if that means that I'll have to wait an extra hour to learn about it.

      This law doesn't even intend to protect the privacy of individuals, or penalize looky-loos, since it's really only about timing of the release of the pictures (and not anything else). If I were cynical, I'd say that this idea was more about lessening the burden on emergency services, police, and hospitals not wanting to deal with hysterical family members too prematurely.

    7. Re:Good luck with that by Archtech · · Score: 2

      I would think the goal should be to get people to do something to actually help rather then just blog about it

      Yes, I completely agree. BUT... everyone has got thoroughly used to seeing footage of dead, dying and horribly injured people abroad, taken by our "professional" media. If those cameramen and reporters choose to snap pictures rather than help, how can you expect ordinary people at home to act differently?

      --
      I am sure that there are many other solipsists out there.
    8. Re:Good luck with that by redmid17 · · Score: 1

      There is a finite limit to the number of people who can help with a particular person or in a particular scenario. This law explicitly exempts media, emergency peeps, and victims, so clearly it's not helping the victim that comes to mind first. If the media is on scene and no first responders, then they could still take pictures and not help. Reporters have never been known to do thatthat before

    9. Re:Good luck with that by truck_soccer · · Score: 1

      People interfering with experts would be a problem. Especially when EMT/FIRE/Police are on the scene. The last thing they want is some civilian getting hurt who was only "trying to help" or making the situation unstable/worse in some other way. I'm guessing they tried to come up with a way

    10. Re:Good luck with that by truck_soccer · · Score: 1

      lost the rest of my comment, and i am on my way out the door. So uh...just make something up.

    11. Re:Good luck with that by R3d+M3rcury · · Score: 1

      I'm sure the victims would feel a ton better with random people taking pictures and spreading them instead of a news channel or newspaper.

      Well, as I understand it, the newspapers/news channels tend to wait until the police/public officials notify the family before broadcasting the name of the person.

      This enters an interesting realm. Consider facial recognition or the like and the ability to be notified when pictures of you or your loved ones are posted on a social network.

    12. Re:Good luck with that by TapeCutter · · Score: 1

      I'd say most if not all of the old school media ( TVs and newspapers ) routinely ensure that the victims relatives have been notified before publishing their identity. They're certainly not in the habit of publishing grizzly videos accompanied by a narrative that deliberately mocks the death or dismemberment of another human being.

      As to "why bother" - In most western democracies (including the US) politicians are expected to post bills to force a public conversation about a perceived problem. It's the formal way to "explore" what the state can/should do to deter the behaviour. I suspect that was the real purpose of this bill, if so, it seems to be working. The basic problem as I see it is there are competing "rights" at play ie: privacy vs free speech, the law needs to find a balance rather than a winner.

      Having said that, tolerating arseholes who use their "rights" to do the "wrong" thing is just part of the price we pay for western style civilisation.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    13. Re:Good luck with that by DroolTwist · · Score: 1

      But what if the chickens don't want to wear the nylons?

      LOL

    14. Re:Good luck with that by TapeCutter · · Score: 1

      Indeed, in fact far too many professional reporters have been shot and killed while trying to assist victims.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    15. Re: Good luck with that by TapeCutter · · Score: 1

      There's no way they can FULLY control cannibalism either, but that doesn't mean we can't do anything about it at all. I think the intention here was to "start a conversation", rather than to impose a solution. Now that everyone with a YouTwitFace account is an independent publisher, "individual privacy vs the free press" is certainly a worthy topic for formal political discussion.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    16. Re:Good luck with that by dsmatthews9379 · · Score: 1

      It could serve as a means of recording on the public record that those people are "insensitive" and therefore more likely to be psychopathic. Sounds like a good way of weeding out such people from positions where they could do harm. Three strikes, under that law, and you can't work in certain professions.

    17. Re:Good luck with that by sociocapitalist · · Score: 1

      This easily falls in the "Why the fuck would you even bother" category.

      Because it has people talking about it - even us, which will at least raise public attention of the problem.

      --
      blindly antisocialist = antisocial
    18. Re:Good luck with that by bluefoxlucid · · Score: 1

      This entire thread is about the legal merits of such a law.

      I'm looking at this "he says he's trying to solve a real problem" thing and seeing no real problem. Some people are talking about things in a way you don't want them to... that's not a real problem; it's you being a whiny git. A *real* problem is children being abducted, buttraped, and murdered in the woods; at the end of the day, there aren't any new bodies, any new injuries, or even new any information from the actions of people taking pictures and posting them on Twitter, meaning *nothing* *has* *changed* by these actions (or lack thereof) and any "problem" is non-real.

    19. Re:Good luck with that by bluefoxlucid · · Score: 1

      Dignity and an empty sack are worth the sack.

    20. Re:Good luck with that by ripvlan · · Score: 1

      You can't regulate morality. The Representative has his heart in the right place - but the constitution may be in the way (although - we do need to remember that limits can be set).

      This is something that society needs to resolve. 20 Years ago I was on a subway in Japan and everyone was silent - I've never experienced anything like this in the USA. Beyond the click-clack of the wheels you could have heard a pin drop. Very little talking - and always in whispers, most cellphone rings were quickly muted and if anybody talked they covered their face and spoke quietly ending the conversation quickly. I can't believe they have a law on the books - rather a deep respect for each other.

    21. Re:Good luck with that by david_thornley · · Score: 1

      Getting people out of the way of emergency action is already standard practice. There doesn't need to be some goofy and unconstitutional law that might make it slightly less desirable to get in people's ways.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    22. Re:Good luck with that by truck_soccer · · Score: 1

      I agree. Legislating this kind of thing is preposterous. I was speculating on what the parent was speaking of moving the goal toward encouraging people to help rather than blog.

  3. This is what we need by fustakrakich · · Score: 1, Insightful

    I mean, cameras are obviously much more dangerous than guns.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:This is what we need by Penguinisto · · Score: 1

      I do wonder why no one has called for a background check and a 3-day waiting period before purchasing video/still camera-enabled equipment...

      (mind, that was not a serious sentence.)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:This is what we need by Anonymous Coward · · Score: 1

      Judging from the number of people that are assaulted and arrested by the Police for filming them, even from 50 feet away, that sentiment is apparently widespread in Law Enforcement.

    3. Re:This is what we need by Opportunist · · Score: 1

      Cameras don't kill people. People taking pictures instead of helping the injured kill people.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:This is what we need by leftover · · Score: 1

      I seem to recall that it has, by a legislator in a Southern state. I can't find it now without remembering more specifics. "stupid things politicians have said" is a pretty big slice.

      --
      Bent, folded, spindled, and mutilated.
    5. Re:This is what we need by dsmatthews9379 · · Score: 1

      You'd be surprised how easy it is to trigger the death a vulnerable person by publishing a particular type of photo of them to the web. Of course doing so also risks the alternative, where they murder you rather than just kill themselves, or they could do both. Cameras can kill because photo publishing is to bullet as camera is to gun.

    6. Re:This is what we need by fustakrakich · · Score: 1

      All that paranoia, and without drugs?

      --
      “He’s not deformed, he’s just drunk!”
  4. just not right by zlives · · Score: 1

    but it is their right. also he is still ok with taking the pictures just delay posting them... so clearly it is still right at a later time.

    1. Re:just not right by Junta · · Score: 2

      It's striving for some sort of compromise in the face of a rather uncomfortable scenario.

      We value free speech and it's a dangerous thing to flirt with the idea of *any* restriction. So to *forbid* anything is just outright unacceptable from the outset.

      On the other hand, people are jerks and intentionally or unintentionally do hurtful things that really offer no value whatsoever to public discourse.

      So if you care about it and feel compelled to say *something*, this doesn't seem such a strange thing to put out there, even though I can't see it being a good idea even in this form.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:just not right by blue9steel · · Score: 1

      On the other hand, people are jerks and intentionally or unintentionally do hurtful things that really offer no value whatsoever to public discourse.

      Perhaps, but you don't won't government making value judgements about whether something has "value to public discourse", that road leads to massive censorship.

    3. Re:just not right by zlives · · Score: 1

      i would tend to agree if it was anyone but a legislator threatening by legislation.
      Personally i don't facebook and if some one i knew posted this crap i would block them any way. But thats my choice and i am still free to exercise that. This person is taking what little is left of the political process and forcing his moral view by threatening to legislate. He could have started a conversation in another way if he felt it was necessary.

    4. Re:just not right by R3d+M3rcury · · Score: 1

      But does it have value to the public discourse...right now?

    5. Re:just not right by Junta · · Score: 1

      Well, I'd like to think that his language suggests he knows full well the legislation is a dead end and just a way for him to introduce controversy for the sake of having his viewpoint heard more widely... I mean he's a relative nobody who no one would bother reporting on if he had some press conference, and this is his lever of getting something out there. Of course I could be being optimistic in hoping that a legislator wouldn't seriously realize how bad an idea in practice such a bill could be.

      Hoping that the stated sentiment behind the bill is not lost in the face of how terrible an idea the actual bill is.

      --
      XML is like violence. If it doesn't solve the problem, use more.
  5. Not only right, it's important by Schezar · · Score: 4, Insightful

    In what era of human history before now have we had such thorough and widespread documentation of events both wonderful AND tragic. All those camera angles, all those photos, all that video and audio: it's hard to cover something up. Hard to hide evidence. Hard for police to quietly murder a black man and sweep it under the rug.

    A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

    But what do you expect? 100 people to all somehow help? We naturally now stratify into helpers and documenters. Both are important.

    --
    GeekNights!
    Late Night Radio for Geeks!
    1. Re:Not only right, it's important by Junta · · Score: 1

      I agree there's no way this could be a good idea to actually implement.

      However I question the value of widespread, instant, and permanent documentation of everything. We do not need pictures of every snack and meal each person eats. We don't need to instantly be able to access 100 different camera angles of a gruesome car accident (though camera angles of such things may be helpful in the medium term to understand what went wrong). We don't have a long term value from footage of all sorts of common things that individually tell us nothing we didn't already know.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:Not only right, it's important by twotacocombo · · Score: 1

      A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

      But what do you expect? 100 people to all somehow help?

      If you're not helping, get the hell out of the way and go stand on the sidelines. There's no need for a crowd of people to gather around like vultures just to stand there recording it with their phones. We've all seen those videos by now, there's really no reason to keep seeing the same thing over and over. I'm all for the first amendment and the peoples right to be informed and express themselves, but can we at least pretend to have even a shred of compassion and respect for others? Can we not be decent human beings anymore, and perhaps one person can muster the courage to put down the phone and walk away instead of gawking at someones final moments?

    3. Re:Not only right, it's important by quintessencesluglord · · Score: 1

      To be fair, most people are idiots and are as likely to cause harm as good when trying to help. At least we've gotten past the Kitty Genovese effect (mostly) and at least someone in the crowd will call 911.

      Not to mention Good Samaritan laws won't really shield you from a soul-crushing investigation of second-guessing against a backdrop of what would a "reasonable" person do when faced with blood everywhere, body parts, and chaos. I'm reminded of an investigation of the medical staff accused of killing patients during Katrina. Even amid horrendous conditions that defy imagination, someone will asses that you should have always done more. I'm not surprised that more people don't attempt to offer aid.

      Anyway, the law of unintended consequences comes to play here, and instead of people documenting or rendering help, I'm sure several will just walk away.

      Will he stop people from making phone calls as well? Exactly how broad of a definition of social media is he using?

    4. Re:Not only right, it's important by Viewsonic · · Score: 1

      I agree, but it's not even just about helping people. It's about the guy who shows up at the scene of an accident where a young woman is gasping her final breaths during a horrific accident as rescue workers are doing everything they can to save her life. She passes on and her entire last few minutes of life are now about to be posted online for everyone to witness before her parents even know she is gone.

      This happened at an accident this summer that a coworker was involved in. He noticed a guy filming this as she died, and he made him delete it all or he was going to eat a knuckle sandwich. The guy complied, even though he didn't have to. But I am sure this happens a lot in todays society, and can only imagine the added horror something like this adds to the family and friends.

      It sucks. There has to be a solution that is fair without stepping on other rights that can be abused.

    5. Re:Not only right, it's important by Rinikusu · · Score: 1

      And increasingly: profiteers.

      --
      If you were me, you'd be good lookin'. - six string samurai
    6. Re:Not only right, it's important by kheldan · · Score: 1

      A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

      What if that person is not qualified to be a First Responder (doesn't know enough first aid to be useful and knows that, or just isn't confident enough) and they know that actual First Responders are on their way? Sure it seems callous to just stand there and video it, but otherwise they just stand there? Of course if they're all excited and acting like it's 'fun' or something then they need to be punched in the nose.. but that's besides the point. Like it or not you can't legislate 'taste' either; discouraging poor taste is up to public opinion, not Congress or the courts.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    7. Re:Not only right, it's important by Anonymous Coward · · Score: 1

      helping someone with a traumatic injury is a very serious and complex situation. it is commonly understood that people wait for medical professionals to show up. makes all the lawyers happier too, and believe it or not, when they're happy, everyone is happy.

    8. Re:Not only right, it's important by sjames · · Score: 1

      One way might be to simply recognize such a thing as harm inflicted on the victim's loved ones and open such a person to a civil suit. The 1st amendment protects the speech itself but doesn't make us immune to legal actions if we use our free speech to harm others.

    9. Re:Not only right, it's important by Hognoxious · · Score: 1

      Hard for police to quietly murder a black man and sweep it under the rug.

      Unless they beat him totally flat there's be a bulge.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    10. Re:Not only right, it's important by Cederic · · Score: 1

      If I'm the best person to provide aid, then I'll provide aid.

      Otherwise, I'm happy to film or photograph. Anybody threatening me as a result gets filmed or photographed, right up until the point I put them in hospital through self defence.

      Although while we're waiting for the ambulance it's a recursive problem.

    11. Re:Not only right, it's important by david_thornley · · Score: 1

      There are a few things that kill fast, such as arterial bleeding and breathing obstruction, and people should try to stop them without waiting for first responders. Other than that, if you're not qualified, let somebody who is handle the situation.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. bad taste maybe by ganjadude · · Score: 4, Insightful

    bad taste maybe but illegal???? seems a little, i dont know unconstitutional

    --
    have you seen my sig? there are many others like it but none that are the same
    1. Re:bad taste maybe by Matheus · · Score: 1

      ...and if I see you use your soup spoon for your dessert again... BAM! Straight to the electric chair.

  7. it's a cultural problem, unfixable via tech or law by Anonymous Coward · · Score: 5, Insightful

    This is a symptom of a deep cultural problem, and I don't think either law or technology is going to fix it. At best, it'll just be another "law nobody knows about" that can be used for selective enforcement.

    This need to post every microscopic facet of one's life to Facebook is rather sick, even under less tragic circumstances than a traffic accident. It's something that's badly broken about our narcissistic culture. It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    The only way I see to fix this is long term and cultural, not short term and legal.

  8. Scanner feeds? Sports? by xxxJonBoyxxx · · Score: 2

    I wonder if this guy knows about "scanner feeds" where some loner posts what he/she hears on the police/fire/EMS scanner into Twitter or Facebook. Lots of times there's serious injuries there. (Sometimes even the responder departments do this since the reports will all be public later anyway.)

    Or what about sports? Would this prevent tweeting about a particularly violent tackle?

    1. Re:Scanner feeds? Sports? by ibpooks · · Score: 1

      Sure, but those scanner feeds rarely include victim names whereas various social media platforms can easily fill in those blanks with facial recognition technology AND automatically notify all of that person's friends in one fell swoop.

    2. Re:Scanner feeds? Sports? by wisnoskij · · Score: 1

      FB is not quite able to automatically tag people in photos yet.

      --
      Troll is not a replacement for I disagree.
    3. Re:Scanner feeds? Sports? by The-Ixian · · Score: 2

      I guess I would rather know than not know. Why does it matter if it is the police that inform you or social media? Why is one worse than another? The tragedy still happened and the loved one is still injured or dead...

      --
      My eyes reflect the stars and a smile lights up my face.
    4. Re:Scanner feeds? Sports? by sjames · · Score: 1

      Depending on how close you are to the deceased and your personality type, it may help if you find out when there is someone else there who at least cared enough to tell you in person. They'll often stay until the news seems to have sunk in and you contact a friend so they know you won't do something regrettable. That's why you may hear on the news that details have been withheld until police can notify the family.

      If the closest person to you in your life had a terrible accident, would you want to find out about it on facebook with bloody pictures surrounded by comments from the biggest jackasses on the net?

    5. Re:Scanner feeds? Sports? by david_thornley · · Score: 1

      Oh? I was taking a picture of something last Saturday, and got a friend into the shot. It wasn't a good picture, and I don't think I'd have immediately recognized him from the picture. As I was posting it to Facebook, FB tagged the photo with his name. Facebook does have that ability in many situations.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    6. Re:Scanner feeds? Sports? by wisnoskij · · Score: 1

      FB allows others, who you shared the picture with, to tag them.

      --
      Troll is not a replacement for I disagree.
    7. Re:Scanner feeds? Sports? by david_thornley · · Score: 1

      The tagging was immediate. There was no time for any human to react. And, as I said, it was a bad picture, so a human might have had a moment's trouble identifying him.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  9. Why? by Ericular · · Score: 1

    If it's "just not right" for bystanders to post photos of victims to social media, why make exceptions for "emergency responders" and "members of the news media"?

    "At first I was flabbergasted when I learned of my wife's death via a photo posted on Facebook, but breathed a huge sigh of relief when I saw it was just my local news team's Facebook account! A huge thanks to the Channel 10 News Team for their sensitivity and tact in relaying this private information."

    1. Re:Why? by The-Ixian · · Score: 1

      Exactly.

      If anything social media could cut out a lot of worry time by notifying you faster. Why does it matter where the information comes from?

      --
      My eyes reflect the stars and a smile lights up my face.
    2. Re:Why? by sjames · · Score: 1

      Generally, the news holds identifiable pictures and such until police notify the family. They also avoid going for maximum gore. It's part of professional standards. They also don't want to end up on the "no comment" list.

      First responders know that posting accident photos to the web is a firing offense.

  10. Re:First by Opportunist · · Score: 5, Funny

    That was less than an hour of that trainwreck of a story appearing, prepare to pay for that!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Re:This is in line with the current Obamba care... by Opportunist · · Score: 2

    I'm now fairly convinced there is some kind of contest going on. "How many postings about 'Obamacare' can you get done in a single day pretending that it has anything to do with the topic on hand".

    Seriously. If there was a story about the second coming of Christ, all we'd get to hear from you is how we got Obamacare but Jesus still got holes in his hands.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Nothing else to do... by DriveDog · · Score: 1

    how about focusing on making life for residents more interesting?

  13. Re:Yes. by Opportunist · · Score: 1

    If that happened to me I could have twittered about the sudden and unforeseeable tragic that has struck my family a second time in rapid succession...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  14. Tit for tat? by RobinH · · Score: 2

    So the correct way to handle that situation is to take a picture of the dufus that's taking a picture of a body being pulled out of a car, and post a picture of them on social media.

    --
    "I have never let my schooling interfere with my education." - Mark Twain
    1. Re:Tit for tat? by truck_soccer · · Score: 1

      As a Mr. Dwight K. Schrute put it : Tit for Tit.

  15. Police will like it by Threni · · Score: 1

    next time they shoot or beat the shit out of a black person; hell, any disadvantaged person.

  16. Re:Yes. by Bugler412 · · Score: 1

    and yes, that makes the Uncle an ass. That doesn't mean that there should be a law against being an ass that is expressly forbidden under the constitution and court precedence.

  17. Infringements by Chas · · Score: 1

    Freedom of speech/assembly.

    Moreover, it's a blatant cash grab.

    --


    Chas - The one, the only.
    THANK GOD!!!
  18. summary : Rep SAID he's trolling by raymorris · · Score: 5, Insightful

    The fine summary at the top of this page says he doesn't intend to actually push the bill to pass and the representative says "It's purely my intent to get a discussion going out there, asking people to be more respectful ".

    So yes, he's trying to get a discussion going, aka trolling. That appears to have worked because here we are discussing it.

    1. Re:summary : Rep SAID he's trolling by redmid17 · · Score: 1

      And the general consensus is that the attempt is ill-advised and he would be better served (and not look stupid) by using other means to do so.

    2. Re:summary : Rep SAID he's trolling by AmiMoJo · · Score: 2

      He really isn't trolling. The argument that people have reasonable expectations of privacy for medical issues is perfectly reasonable and not exactly a fringe view. In some places when people are being given medical attention in public the police will try to block the view of the public because most people would probably prefer not to be seen soiling themselves in public while they cry from the pain and try to ignore their knee bending the wrong way. They probably don't want to see images of that later on either, given the choice.

      In the past it was unlikely anyone would have taken a photo of it. People didn't regularly carry cameras, and those who did tended to be responsible with them. Agree or disagree, it's a debate worth having.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:summary : Rep SAID he's trolling by AthanasiusKircher · · Score: 4, Insightful

      So yes, he's trying to get a discussion going, aka trolling. That appears to have worked because here we are discussing it.

      Why call it "trolling" exactly? A stereotypical "troll" isn't generally interested in "trying to get a discussion going" -- a troll usually wants to avoid substantive discussion and drive things into flamewars and emotional outbursts. In addition, trolls are usually insincere, disrupting reasonable discussion for their own amusement.

      Almost none of that is here. Here's a guy whose aim appears sincere and who wants to get a reasonable discussion going on serious topic. He's putting a proposal out there, and perhaps reaction will lead to the development of a better solution. Perhaps his proposal is unworkable and naive, but it's certainly after a fairly reasonable result.

      And also, I think most people here would agree that it would be better if lawmakers actually didn't ram through the first ridiculous legislation that comes into their brains, but threw out some ideas, got some reaction, and crafted something more reasonable.

      You can criticize him as stupid or naive or ignorant of how the internet or the law works, but "trolling"??

    4. Re:summary : Rep SAID he's trolling by ArylAkamov · · Score: 1

      Pretty sure he was being sarcastic and it went over your head. I think he meant it in the way that anyone who disagrees with another persons belief tends to scream "TROLL!" to silence them instead of trying to engage in discussion.

    5. Re:summary : Rep SAID he's trolling by AthanasiusKircher · · Score: 1

      If that's what he meant, I still don't understand it. Everything else in the post was basically true, so you're suggesting that one word was used sarcastically in a way that doesn't make much sense. Whatever...

    6. Re:summary : Rep SAID he's trolling by david_thornley · · Score: 1

      You don't know how many voices are in his head, and a "consensus" doesn't require universal agreement.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Catch-22 by IonOtter · · Score: 4, Insightful

    Say you record a cop shooting a pedestrian. Straight up, cold blood, didn't like them, went postal, flipped their lid and shot a jaywalker.

    If you post the video of the murder right away, you can be arrested and charged.

    But if you wait an hour, that gives the murderers time to come up with ways to protect themselves.

    --
    [End Of Line]
  20. Re:This is in line with the current Obamba care... by truck_soccer · · Score: 1

    If I had a mouthful of coffee, I would have spit it all over my computer.

  21. thank god for this politician. by nimbius · · Score: 1

    legislators: we should tackle existing agenda items such as the impending repeal of our states healthcare exchange from a newly elected governor, or the drug crisis in cities like Covington and Louisville.
    John Carney: I wrote something on a dennys napkin about people who do things i dont like.

    --
    Good people go to bed earlier.
  22. In Poor Taste vs Illegal by Jason+Levine · · Score: 1

    "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

    There are many things people can do that might be in poor taste, but won't be illegal. If these people are standing on the sidelines and not preventing emergency services from getting to the injured/dead, then they aren't doing anything illegal. Will we next require people to intervene instead of standing on the sidelines? (Not minding that Random Person intervening might make the problem worse.) If the people are interfering with emergency services, then that SHOULD be illegal. However, it's not the "taking photos/posting on social media" aspect that's illegal. That's just a side issue to people blocking emergency services in their quest to get a photo for Facebook.

    Somehow, though, I doubt this guy's talking about people mobbing a scene and instead thinks he needs to regulate what is and isn't in poor taste.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:In Poor Taste vs Illegal by ibpooks · · Score: 1

      There are also quite a few activities that cause little to no harm other than being in poor taste or offensive to some moral views, but are various degrees of illegal nonetheless. Public nudity, cursing on FM radio, selling/consuming/possessing drugs and/or alcohol in particular counties or times of day for example.

  23. Yeah right. by truck_soccer · · Score: 1

    I see an emerging market for fake press badges in Kentucky should this law pass.

  24. "Media" doesn't matter by Anonymous Coward · · Score: 1

    The press has freedom of speech because all the people have freedom of speech. Once you start singling the press out for special treatment, you have State Controlled Media.

  25. Re:it's a cultural problem, unfixable via tech or by sims+2 · · Score: 1

    You mean like the jaywalking laws?

    The town I live in only has crosswalks in one place Walmart.
    The rest of the town is unmarked so people just cross wherever whenever it is safe to do so it is very often selectively enforced when it really ought not apply anymore anyhow.

    --
    Minimum threshold fixed. Thanks!
  26. Is an official visit any better? by Archtech · · Score: 3, Insightful

    "...I'd hate for anyone to learn about the loss of a loved one through social media."

    Sounds reasonable. But wait a minute - is there any good way to learn about the loss of a loved one? I know from personal experience that the arrival of two regular policemen at your front door in the middle of the night isn't ideal, either.

    Something terrible has happened. It can't be undone. I'm not entirely sure I wouldn't actually prefer to read about it on social media, and be able to grieve alone before outsiders began to push in with their expectations and self-conscious caring voices.

    --
    I am sure that there are many other solipsists out there.
    1. Re:Is an official visit any better? by bfpierce · · Score: 1

      People who generally give this news are trained to do so.

      It's a bit better than seeing "LOL Look at this wreck!!!1" on Facebook at least.

      Not that you can successfully legislate something like this, at all.

  27. More laws by Tailhook · · Score: 1

    That "hour" will get abused to be anything, anytime, plus confiscate and search.

    No thanks. Life sucks. Cops can't fix that. Stop adding cops to every "problem." It doesn't help.

    The people I live among have the good taste not to do this to others. Foster decency and honor and leave the cops out of it. For that you'll need discipline, respect and a degree of prosperity. The exact opposite of what our leaders give us with their welfare state, grievance mongering and controlled decline.

    --
    Maw! Fire up the karma burner!
  28. Legislating Morality. by blueshift_1 · · Score: 1

    It all comes down to you can legislate morality. Shitty people will always be shitty people

  29. Law is not the way by slapout · · Score: 1

    I don't think the solution is another law. Instead he should find someone to launch an education campaign and try to convince people why they shouldn't do it.

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Law is not the way by waTeim · · Score: 1

      Conversely, there should also be an education program on how to obtain the best shot-angle, SEO, and re-tweet potential. Arbitrary rule rule construction -- be it laws or morals -- should only be preferred to the alternative (anything goes) if there's no better way. This has traditionally been supported because access to the better way has been gated by timeliness and lack of information, but that's slowly being removed. This can sometimes lead to a tough choice when it's not clear which is better, but answering in this circumstance is easy. Freedom of speech in the US is sacrosanct.

  30. "Kentucky Bill. Junior." by mujadaddy · · Score: 1

    We named the dog "Kentucky"...

    --
    Populus vult decipi, ergo decipiatur...
    "Force shits upon Reason's back." - Poor Richard's Almanac
  31. 'Media' by rickb928 · · Score: 1

    We are the people. We have the recognized right to free speech, assembly, and religion.

    Media corporations rely on THAT to do what they do.

    These people have it reversed. These are OUR rights, not theirs, first.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  32. Re:First by Thud457 · · Score: 1

    Who is Kentucky Bill and why does he want to injure Tiger Robinson?

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  33. You cannot legislate social change by Amasuriel · · Score: 1

    This is what...okay one of the many thing, wrong with the US and much of the other western nations. You cannot legislate social change. It doesn't work. You want people to be more respectful (the meaning of which varies), you need to make that behavior the socially acceptable one, not the legally acceptable one. How much better our laws would be if they focused on safety rather than people trying to make things they don't agree with illegal. I don't even disagree that posting pics of some fatal car crash is asinine behavior, but not a legal issue at all.

  34. Good, the media can still inform families of death by JonahsDad · · Score: 1

    About 8 years ago, one of our local (Milwaukee) TV anchors called the wife of a man who was killed earlier in the day. Unfortunately, no one at the TV station (TMJ4) made sure that the police had already told her. Even worse, the TV station defended her actions and she still works there.

    I'm glad this bill wouldn't prevent that sort of thing from happening again; mostly because if she would ever interview me unannounced, the first words out of my mouth are going to be, "Oh god, my wife was killed, wasn't she."

  35. It's free speech. by Maxo-Texas · · Score: 1

    This would be like passing a law you can't look at the accident for an hour after it happens.

    This is illegal and won't pass a trivial constitutional test.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:It's free speech. by AHuxley · · Score: 1

      Its more about giving giving technocrats, bureaucrats, party officials and political leaders time to create a narrative.
      Too often press releases have gone out too quickly only to be found to be party line spin in the face of citizen or press released HD media.
      One hour gives time to find out that the press, media, police cam has and apply political spin based on what will be seen.

      --
      Domestic spying is now "Benign Information Gathering"
  36. Media, but not social media? by JeffOwl · · Score: 1

    How is that right? Either it is everybody or nobody. You can't prohibit individuals from doing this if you allow mainstream media. BTW, I don't think you should legislate this anyway, freedom of speech and such.

  37. Re:it's a cultural problem, unfixable via tech or by dyslexicbunny · · Score: 1

    Yea but how else are people who are miserable in their own lives going to get some level of validation? Other people just come second to that.

    "Look at this crazy thing that came into my life!"

  38. CLEARLY a First Amendment issue by kheldan · · Score: 1

    Whether it's intentional or not, this legislation will clearly violate people's First Amendment rights, and as such it cannot become Law.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:CLEARLY a First Amendment issue by argumentsockpuppet · · Score: 1

      Have you read the constitution and bill of rights? There is a good bit there that has been repealed. There is some that is just flat out ignored because the courts have decided to "interpret" it in ways that were obviously never intended.

      I'm still coming to grips with the realization that the constitution is dead.

      We elect people who don't follow the law. They appoint judges that don't follow the law. We elect judges and re-elect congressmen who decide the law doesn't mean what it clearly says. They could change it, but that would require getting people to agree and it is far easier to just declare that the law means I can do what I want.

      If they pass this; of course it becomes law. It may be a law in conflict with the Constitution that gives the law it's authority, but that doesn't mean it won't be enforced. It doesn't mean people won't have to follow it. It's the law because the government says it is the law and they pay the guys with uniforms and guns. In the case of legal vs illegal, law vs non-law, and government vs impotent idealists; it always comes down to "might makes right."

      And we elect the government. I'm not sure which is the greater tragedy.

    2. Re:CLEARLY a First Amendment issue by Anonymous Coward · · Score: 1

      Rep. John Carney is a Democrat. What's this bill of rights you speak of?

    3. Re:CLEARLY a First Amendment issue by meglon · · Score: 1

      Must be hell going through life not being able to read. This little story is about John Carney of KENTUCKY.... not Delaware. https://en.wikipedia.org/wiki/...

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
  39. Remember the Constitution??? by SwashbucklingCowboy · · Score: 1

    Isn't it funny how Republicans love to extol the virtues of the Constitution and freedom and then go around and restrict freedom and violate the Constituion.

    1. Re:Remember the Constitution??? by Anonymous Coward · · Score: 1

      Rep John Carney is a Democrat.

    2. Re:Remember the Constitution??? by meglon · · Score: 1
      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
  40. May not be unconsitutional by subanark · · Score: 1

    The bill is aimed at videos. You are still free to report any event in writing using your favorite blogging service. Your right to express your opinion is not hindered. In many cases video taping a court room trial is not allowed, so you see painted images of the court room instead on the news.
    What the question should be is: Is evidence protected under the first amendment?

    Videos are a stronger form of evidence than someone written summary of an event. They are harder to fabricate and easier to detect frauds.

    1. Re:May not be unconsitutional by mysidia · · Score: 1

      In many cases video taping a court room trial is not allowed

      Courtrooms are closed proceedings done in a controlled area under strict rules. You don't have free speech rights in court regarding the proceedings of another person's trial; you cannot make distracting speeches in the courtroom either. It's not that you can't video what you want in order to make your desired expression: No video recording or distracting behavior at all is allowed.

      Also, the judge may strike certain things from the record, or seal certain records, and prohibit attendees from even discussing certain things out of court.

      Sometimes it's important to allow the jurors to view certain materials that are sensitive, and the jury may be allowed to see them, but the closed nature of the proceeding is used to protect the safety or reputation of a witness, for example.

      What the question should be is: Is evidence protected under the first amendment?

      Yes, it is protected. It is not within the wherewithal or legal authority of the state to restrict your right to use recording devices in public.

      You have a 1st amendment right to the expression, and displaying video is a form of expression. Banning you from making a video or audio recording to document what you have witnessed and allow you to express that in the desired format would be a prior restraint on free speech.

  41. Not right? by mysidia · · Score: 1

    "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

    News reporters would be doing the same thing. Snapping pictures to use in their headlines. What is the actual ethical problem with this behavior?

    If you're concerned about people getting in the way of rescue efforts, then make it illegal to interfere with rescue efforts.

    If you are concerned with people taking pictures, when they should be providing meaningful assistance --- then make a law requiring people to stop what they are doing and render aid, or walk away slowly and directly to a minimum distance of 100 feet of the injury incident, if not intending to assist.

  42. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  43. Not literally trolling. I was replying to "tro by raymorris · · Score: 1

    You're right, of course, a troll says something ridiculous to draw attention and stimulate angry responses.

    This guy says something ridiculous to draw attention and stimulate responses.

    By stating upfront that his proposal isn't serious and he's using the concept to stimulate discussion, he's not really trolling. Anyone who read the summary knows it's not a law that's going to be passed, so anybody with a clue won't be posting an ANGRY response. I used the word (after first redefining it specifically in response to the following post:

    > With the low fine, and unconstitutionality, it seems like this rep is trolling us. How can he possibly be serious?

    The $20 fine etc (and his statement) does indeed indicate he's not serious about passing the bill into law. Therefore, according to the person I replied to, he must be "trolling".

      In other words ...
    That chili dog "kicked my ass".
    The lawmaker is trolled the citizens.

      The chili dot does not have feet, so it did not in fact kick anything. That chili dog caused bodily pain, as a kick in the ass would. The rep isn't literally trolling; he's making a ridiculous statement in order to draw attention and stimulate discussion, as a troll would.

  44. Re:it's a cultural problem, unfixable via tech or by WarlockD · · Score: 1

    This is a symptom of a deep cultural problem, and I don't think either law or technology is going to fix it. At best, it'll just be another "law nobody knows about" that can be used for selective enforcement.

    This need to post every microscopic facet of one's life to Facebook is rather sick, even under less tragic circumstances than a traffic accident. It's something that's badly broken about our narcissistic culture. It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    The only way I see to fix this is long term and cultural, not short term and legal.

    My grandfather recently told me this story. About 45 years ago he was saw an accident where the car hit something, flipped and had the occupant fly out, his head chopped off at the poll. He got out, picked up his 35mm camera and took a few shots. He came back to his car and drove off. This is not a "now" thing, People have been doing this since they have invented the camera. Hell, you see it in paintings from even before that. Any kind of long term solution means teaching everyone empathy. Considering the most exciting thing you can see when your in your teens is a dead guy and poking him with a stick, I doubt this will ever be solved.

    I am not a hypocrite though, I asked if he still had the pictures but he said he didn't because a friend used his camera before him and removed the film. Hence his lessen, "Always make sure you have film in your camera"

  45. Counter: legislators submitting unconstitutional by rsborg · · Score: 1

    ...bills would be subject to a small fine of $200-$1000 and loss of their ability to submit or vote on any further legislation for a month.

    I wonder how that'd fly.

    --
    Make sure everyone's vote counts: Verified Voting
  46. "sending a message" by passing a restrictive law. by Ungrounded+Lightning · · Score: 1

    Representative John Carney says, "It's purely my intent to get a discussion going out there, asking people to be more respectful about what they put on social media."

    A lot of things qualify as "speech". Passing a law restricting behavior is not one of them.

    Legislators who pass laws to "send a message" or "start a conversation" are tyrannical and should be immediately recalled. (They're also using the wrong legislative mechanism. The correct one for "sending a message" is a non-binding resolution.)

    We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media."

    Tough. The First Amendment trumps feelings.

    For myself, I'd rather find out about a loved one's death quickly, even if it's by a media report, than wait for hours while some brasshat hunts me down to notify me "gently".

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  47. Re:it's a cultural problem, unfixable via tech or by thegarbz · · Score: 1

    It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    Is it? What's ultimately new about this? Facebook is a medium by which people communicate to other people. Are you telling me you wouldn't at the end of the day go home and talk to friends or family about your day and mention that someone died in front of you, or someone had a really shit day and got into a fight?

    Absolutely nothing at all has changed about the way we communicate and the things we communicate about. People are only now freaking out about it because the conversation is now in conference with a bunch of friends and relatives at the same time, rather than between two people in a room.

  48. This is a tricky one by silentcoder · · Score: 1

    The activity it seeks to prevent is indisputably despicable. The potential negative outcome is on people liveblogging events of genuine public interest and being prevented simply because somebody was injured (i.e. you would not be able to post say a video clip of police brutality for several hours).
    Then there is the fact that even a forced delay is censorship (mitigated by being very, very temporary but that is only a mitigation at best).

    I tend to think it would be much better to find a solution to this problem which is not legislative in nature... but I'm stumped as to what that might be ?

    --
    Unicode killed the ASCII-art *
    1. Re:This is a tricky one by oh_my_080980980 · · Score: 1

      What the hell is the problem Potsy? Someone sees an accident and posts a picture of it? That's a problem? It happens all the time. There's nothing ghoulish about it - it's what happened. What's next, no pictures of of a cop beating someone?

  49. All or nothing. No exclusions by houghi · · Score: 1

    Why are there some that are allowed to do so? Is a paramedic or police officer trained to know what can and can not be posted? Are they spokes persons? I doubt they are.

    And why the media? Please do tell me that if I film it and sell it to FoxNew, they can immediately show it to the world on their website, while I can not show the identical content on mine.
    What is the reason for that?

    It is not delay in security, because FoxNew can broadcast it life, as well as others. If it were unsafe, EVERYBODY should wait 1 hour.

    The danger would be the broadcasting, not the person doing the broadcasting.

    I am not even touching the subject if it will be a good idea. It is a bad idea from the start solely on the fact that some are and some are not allowed to do it. Remove that and we will talk if the idea in itself is good or not. Although I am sure that the media concerns will not go down easy. Because it would mean no life sports. (People get hurt there as well.) No life anything, because some people will get emotionally hurt.

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    Don't fight for your country, if your country does not fight for you.
  50. Waiting periods in KY by T.E.D. · · Score: 1

    In case you were wondering, yes Kentucky has no waiting period to buy handguns.

    If you want to express your thoughts immediately in KY, they prefer you do it with lead.

  51. Re:morally wrong restriction by dcw3 · · Score: 1

    Notice that each of those examples is in some way affecting the rights of someone else. Your rights end when they impede upon those of someone else.

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    Just another day in Paradise
  52. An hour by TheGrimmReaper · · Score: 1

    hour means you're just fine. Go figure.

  53. Re:it's a cultural problem, unfixable via tech or by uninformedLuddite · · Score: 1

    "Look at this crazy thing that came into my life!"

    Like a sandwich?

    --
    The new right fascists are bilingual. They speak English and Bullshit.