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US cyberbully bill 'a threat to free speech'
Proposed law could threaten valid online criticism, say bloggers
* Bobbie Johnson, San Francisco
* guardian.co.uk, Wednesday 6 May 2009 11.20 BST
American bloggers have reacted angrily to proposals for a new law that could potentially make it illegal to criticise or make fun of somebody online.
Linda Sanchez, a Republican congresswoman for California, is leading a bill intended to combat cyberbullying – but opponents say the law's limits are vague and threaten freedom of speech.
The bill, which is being submitted to Congress for the second time, proposes that any electronic communication intended to "coerce, intimidate, harass or cause substantial emotional distress" could be punished with a fine or a prison sentence of up to two years.
According the proposals, the new rules would cover email, blogs, instant messaging and texts.
Opponents are concerned that it could violate the US constitution's first amendment – which guarantees freedom of expression – and threatens valid online criticism, despite Sanchez's assertion that "ranting" would not become illegal.
But Eugene Volokh, a professor at the UCLA school of law and one of the most high-profile political bloggers in the US, has attacked the proposals as "overbroad" and "constitutionally vague".
Although serious cyberbullying is clearly an unwanted problem, Volokh says the definition of "severe" could easily lead to the censorship of campaigning blogs, political arguments or even consumer boycotts.
"This cannot possibly be constitutionally permissible, it cannot possibly be a good idea, it cannot possibly be what the drafters intended, and yet that is what they wrote," he said. "If it is passed through Congress, I see it being struck down in courts."
The bill is named after Megan Meier, a Missouri teenager who killed herself after being bullied on MySpace by an adult neighbour, 49-year-old Lori Drew. Although Drew was not prosecuted by local authorities, a federal case was brought in California, where MySpace is based. Drew was eventually found guilty of three lesser misdemeanours for using a computer without authorisation.
In Britain, authorities are equally concerned about the prospect of cyberbullying. Ed Balls, the secretary of state for children, schools and families, has previously called it "insidious" – and although there are potential legal safeguards in the Protection from Harassment Act and Suicide Act, no cases have yet reached court to form a precedent over online behaviour.
Added: May 6 2009 In: news_politics
Recorded on: May 6 2009By: allyssa
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Comments - sort by newest to oldest
Looking forward to the Republicans here telling us why restricting free speech on the net is a good idea?
Posted May-6-2009 by "allyssa" (R)
Right wingers hate free speech, no wonder they love this bill.
Posted May-6-2009 by "WillyWillKill" (B)
I believe in unconditional free speech.
Posted May-6-2009 by "TIGWelder" (R)
Linda Sanchez is a DEMOCRAT Allyssa. Whoever wrote this article is wrong. Most conservatives hate this PC, you-hurt-my-feelings bullshit. If my kid came home crying and told me kids were making fun of him at school, I'd tell him to stop being such a sissy and stand up for him/herself. It's usually liberals that are all about turning their kids into a bunch of overly sensitive pansies.
Posted May-6-2009 by "MarkusMarone" (R)
Linda Sanchez is a DEMOCRAT Allyssa. Whoever wrote this article is wrong. Most conservatives hate this PC, you-hurt-my-feelings bullshit. If my kid came home crying and told me kids were making fun of him at school, I'd tell him to stop being such a sissy and stand up for him/herself. It's usually liberals that are all about turning their kids into a bunch of overly sensitive pansies.
Posted May-6-2009 by "MarkusMarone" (R)
Yes, you are right. I stand corrected! This is the first time I'd heard about the Bill. I guess I can't blame the GOP for this one, eh.
Fckn stupid bit of legislation, tho. No matter who proposed it.
Posted May-6-2009 by "allyssa" (R)
Oh geez, hyper-sensitive democrats. Its called survival of the fittest or natural selection. If your so dumb to kill yourself, so be it. Dont blame the douche bag sitting in his basement pretending to be a 14yr old girl or whatever you want to be.
Posted May-6-2009 by "Donkeywaffle" (R)
Leave it to some "chicana" to have no grasp whatsoever of free speech.
Libs are obsessive about not only shutting down any idea different from their own, but shutting down any idea coming from anybody who is white, male, Christian, or heterosexual depending on the context of the debate.
Posted May-6-2009 by "AvgDude2" (R)
Cart before the horse.
We have a vast, multinational culture that can produce, weak, feeble, and addiction dependant people.
Complacent in thier quite desperation.
Not like it's anything new, but in this era, it spreads like a wildfire.
Posted May-6-2009 by "Chunker4200" (R)
yeah when i first seen this post i said to myself this has to be some democrat..
Posted May-6-2009 by "jpsks" (R)
I think it has to do with the individual who is online. I mean a good set of guidelines and parental advisory should be in place. Not the restriction or penalities. I mean every computer has some sort of method in restricting young kids. They are already trying to target the internate. If this law gets passed than there will be more to follow it. If your mentally weak and uncapable of handling pressure online. Than don't get online without certain guidelines to follow! Cyberbully Bill whats next phone text bullying picture bullying lol I mean where will it all end? LOL
Posted May-7-2009 by "EmeterioBetances" (R)