Thursday, April 05, 2012


Anti-Troll or Censorship? AZ Law Would Criminalize Harsh Words on the Web

We read:
"An Arizona bill has passed in state legislature to make online bullying and some other speech an illegal and punishable offense, but it has opponents saying if made into law it would set a precedent that would lead to online censorship.

A local ABC News affiliate reports that the  bill has not yet made it to the governor’s desk for a signature as it is “likely being reworked due to a public outcry.”

Arizona House Bill 2549 states:

“It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.”

If it were to become law, violators could be charged with a Class 1 misdemeanor. The punishment becomes more weighty — a Class 3 felony — if any sort of stalking is involved. Gizmodo explains these punishments could mean up to six months in jail and a $250,000 fine (Class 1 misdemeanor), or a minimum of 2.5 years up to 25 years in jail (Class 3 felony).

Opponents of the bill argue that the wording is overly broad and could easily be interpreted to include not just one-on-one communications but public forums like 4Chan, Reddit, and anywhere else that allows commenting.

 H.B. 2549 is not limited to a one to one conversation between two specific people. The communication does not need to be repetitive or even unwanted. There is no requirement that the recipient or subject of the speech actually feel offended, annoyed or scared. Nor does the legislation make clear that the communication must be intended to offend or annoy the reader, the subject or even any specific person.

There is fear over where the line could be drawn for offensive words, such as satirical cartoons and political, economic or other cultural criticism.

Source

If it does become law, let's hope that it gets challenged immediately on 1st Amendment grounds

12 comments:

Liz said...

There is no way this can stand a constitutional challenge. It is illegal to annoy someone? Are you kidding me? So basically, I could go to jail for telling someone on facebook to go *bleep* themselves. Ridiculous.

Anonymous said...

“It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person...”

In other words, it voids the First Amendment.

When i was growing up, (in the real world of NYC) you learned that the best way to deal with a bully was to kick his ass. Bully's, like any predator, will always look for the weakest target. If he thinks you're going to fight, he'll simply pick on someone else. It always works.

Anonymous said...

Better not suggest to your lover that you go have sex over any form of electronic communication, this law would definitely get you for that.

That's how broadly worded this piece of garbage is.

Use the Name, Luke said...

When i was growing up, (in the real world of NYC) you learned that the best way to deal with a bully was to kick his ass.

How do you do that to an internet bully?

Anonymous said...

If the law is carried to the absurd, it will emasculate (if possible) OWS protestors, not to mention the boisterous SEIU and Teamster pickets in AZ.

Anonymous said...

I was annoyed just reading the story - so who's going to jail?

I also get annoyed just about anytime I see any politician or celebrity move their lips, spouting off about global warming - sorry, climate change - and their feelings.

I wish someone would propose a law that said people that proposed and voted for laws like this would have to serve the maximum sentence specified in the law (or just be shot).

-L

Anonymous said...

Don't blame them. Send the brainless voters to jail.

Anonymous said...

"Don't blame them. Send the brainless voters to jail."

You used to live in the Soviet Union, comrade?

Anon 2:46 said...

Anon 2:00 said;
"You used to live in the Soviet Union, comrade?"

No asshole, i used to live in a free country, namely, the USA.

Anonymous said...

No brother, i'll burn it down first. If it can't stay free, then it can't live.

Anon 1:33 said...

Luke said:
"How do you do that to an internet bully?"

That's why they invented off buttons! Anyone who can be threatened by someone on a computer screen has far deeper problems than we can help with.

Anonymous said...

A person on a computer screen may not be confined to such an image but can be a threat on a wider scale.