Libel only applies if you're the press.captain underpants said:Don't be silly. Never heard of slander?Supp said:You're correct, but it needs to represent a "clear and present danger"captain underpants said:Christ. I'm an Australian with only the scantest knowledge of the US Constitution, but even I know that 'free speech' does not equal 'say whatever I want whenever and wherever I want'.
As for the jailed troller - yeah, finding any sympathy for him is a little difficult.
Maxman3002 said:If only people got paid for awesome quotes.TheAmazingTGIF said:Can people really get away with all the hate speech and abuse they want in America? If so then why are you so proud of that?
Well I know that moderator action doesn't always work, but it's still the best thing for the /first/ line of defense, education on not feeding the trolls is best for when it's a repetitive troll, and if the troll is completely malicious beyond all reasonable levels of "for the lulz" then I could understand something happening like what happened here.GestaltEsper said:Not that I completely agree with his sentence but moderator action is kind of...underwhelming. I mean what's the worst they can do? Ban the guy? Big whoop. Get I new IP address and you're back in business. On the other hand, throw people in jail for this kinda thing and people will cry oppression, but punch them in the face for it and we get anarchy. It seems like the only other option is to just ignore it to the point where we get so desensitized that nothing phases anyone. Ever.Lancer873 said:That... and UK doesn't have a written document of government at all.Skarlette said:There's a difference between respecting Free Speech and promoting harassment.So whose rights is more important, those of the man, or of those he harassed?Therumancer said:What's more, freedom of speech, doesn't just mean "freedom of speech you like or agree with" but the freedom to say what you want without these kinds of consequences. Once you start regulating the jerks, it turns into people simply wanting to regulate anyone they don't agree with.
There is no requirement that you have to be nice to anyone, that you have to like everyone, or that you have to remain silent about those you don't like. That's what freedom is all about.
Yes, words can hurt, and do a lot of damage, but as Heinlan put it "You can either have freedom or safety, never both".
....the police shoulx not have been involved, and sending him to jail was both overkill, and an affront to human rights.
What about Article 5 -"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment"? Or Article 29 section 2 -- "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society."
If you believe that he's entirely innocent of denying the grieving families their rights to Article 5 and 29.2, that there was no malevolence intended, then okay, I can respect YOUR right to that opinion. But I wouldn't go tell it to them, if I was you.
(As a side note, necrophilia IS illegal under UK law and holds misdemeanour/felony status in over 20 states in the US. He could be held on that charge alone, even if it was only an allegation.)
Really though, I don't think we have to worry about this becoming a big trend. I personally think moderator action should be the number one anti-troll method, but I also think this guy had it coming to him, if not for being a total, unforgivable jackass on the internet, then for being stupid enough to actually announce who he was in real life.
Your freedom to speech does not guarantee you the right to say whatever you want, whenever you want without punishment. You are welcome to say whatever you like whenever you like, but if you say something you shouldn't you are still going to be punished. As a sort of example...Therumancer said:Well, this is the kind of thing I'm talking about when it comes to other countries in various debates where I talk about how the US has the highest level of freedom and human rights in the world, then someone fires back that it's not true and points out how their nation (which will be something like the UK) is ahead of us according to some statistic or poll, and then something like this happens.
To be honest, I see both sides of the equasion, and why people want to curtail behaviors like this, but to be honest dealing with jerks is the lesser of two evils when it comes to putting people in jail for being jerks given that it opens so much room for abuse.
What's more, freedom of speech, doesn't just mean "freedom of speech you like or agree with" but the freedom to say what you want without these kinds of consequences. Once you start regulating the jerks, it turns into people simply wanting to regulate anyone they don't agree with.
There is no requirement that you have to be nice to anyone, that you have to like everyone, or that you have to remain silent about those you don't like. That's what freedom is all about.
Yes, words can hurt, and do a lot of damage, but as Heinlan put it "You can either have freedom or safety, never both".
That's simply my take on things. There is no doubt in my mind that this guy was an obnoxious trouble maker, indeed he reminds me vaguely of Fred Phelps without the religious overtones, but the police shoulx not have been involved, and sending him to jail was both overkill, and an affront to human rights.
One link, from BBC News, coming up! http://www.bbc.co.uk/news/business-11453052Banter said:Source and context please?soulsabr said:And if I read right it just recently got even EASIER to be held liable for saying something that might possibly offend somebody who wasn't present at the time. I really wish that were a joke, too.
Why?lacktheknack said:Certain kinds of speech are NOT protected. "I fucked your dead child" is one of the unprotected ones.TheAmazingTGIF said:This seems like a breach of free speech (I know that it didn't happen in the US, but still)...
He does seem like a massive tool but that is what free speech is about. This could be concerning to people on the internet in the UK.
I believe "free speech" extends to "Free speech without punishment for what you say" other wise we could just say that killing people for speaking out against the government was totally cool with free speechAesthetical Quietus said:Your freedom to speech does not guarantee you the right to say whatever you want, whenever you want without punishment. You are welcome to say whatever you like whenever you like, but if you say something you shouldn't you are still going to be punished. As a sort of example...Therumancer said:Well, this is the kind of thing I'm talking about when it comes to other countries in various debates where I talk about how the US has the highest level of freedom and human rights in the world, then someone fires back that it's not true and points out how their nation (which will be something like the UK) is ahead of us according to some statistic or poll, and then something like this happens.
To be honest, I see both sides of the equasion, and why people want to curtail behaviors like this, but to be honest dealing with jerks is the lesser of two evils when it comes to putting people in jail for being jerks given that it opens so much room for abuse.
What's more, freedom of speech, doesn't just mean "freedom of speech you like or agree with" but the freedom to say what you want without these kinds of consequences. Once you start regulating the jerks, it turns into people simply wanting to regulate anyone they don't agree with.
There is no requirement that you have to be nice to anyone, that you have to like everyone, or that you have to remain silent about those you don't like. That's what freedom is all about.
Yes, words can hurt, and do a lot of damage, but as Heinlan put it "You can either have freedom or safety, never both".
That's simply my take on things. There is no doubt in my mind that this guy was an obnoxious trouble maker, indeed he reminds me vaguely of Fred Phelps without the religious overtones, but the police shoulx not have been involved, and sending him to jail was both overkill, and an affront to human rights.
If you call someone a back-stabbing traitor Nazi-extremist pedophilic necrophiliac thief somewhere where it's going to be able to be seen by a lot of people, then you are exercising your right to free speech. However you have just committed a crime (assuming of course they aren't a back-stabbing traitor Nazi-extremist pedophilic necrophiliac thief and that you have don't have proof of this) that crime being of course slander. If that someone doesn't like what you said, they are fully within their rights to sue you.
[I think. Haven't really checked up on U.S law].