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Teen arrested on charges of online harassment [Felony!?]
KHOU.com ^ | October 13, 2009 | James Muñoz

Posted on 10/16/2009 9:58:23 AM PDT by TChris

SAN ANTONIO, Texas -- Somerset Police arrested a 16-year-old girl on charges of online harassment. She was arrested under a new law that took effect September 1.

The new Texas law criminalizes online harassment on social networking sites and through e-mail or text messaging. H.B. 2003 states a person commits a third degree felony if the person posts one or more messages on a social networking site with the intent to harm, defraud, intimidate or threaten another person.

(Emphasis added)

(Excerpt) Read more at khou.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; US: Texas
KEYWORDS: felony; harassment; internet; texas; wtf
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To: TChris
Some people expect legal challenges to the constitutionality of the new internet law.

I should hope so.

21 posted on 10/16/2009 10:27:09 AM PDT by from occupied ga (Your most dangerous enemy is your own government,)
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To: kristinn

ping


22 posted on 10/16/2009 10:30:37 AM PDT by mnehring
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To: TChris
The new Texas law criminalizes online harassment on social networking sites and through e-mail or text messaging.

Online harassment is a form of stalking someone using the Internet to do it. Usually is involves a long and sustained campaign of bullying which causes emotional distress in the bullied and even sets them up to be harmed (i.e. posting ads with pictures of the victim soliciting sex). There is no getting away from the bully by simply switching schools.

I believe in free speech rights, but not when people abuse those rights and call it "a prank." It's not and the law is specific about intent.

A friend of mine was targeted by her vindictive ex who used online harassment tactics. He was never charged, but his actions (putting photoshopped pictures of her on someone else's nude body and posting them) caused her to lose her job. This is a grown woman who had to deal with this, I couldn't imagine what it would be like to be a teenager in high school having someone hell-bent on making me a cyberslut.

23 posted on 10/16/2009 10:31:04 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: TChris

The American way to solve personal problems is the personal approach.

Put them is a proverbial ring and get it over with.


24 posted on 10/16/2009 10:32:55 AM PDT by OldNavyVet
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To: mnehring
From what I read of the statute, FR is a message board and is exempt. I know a lot of FReepers by their screen names, but I'm darned if I know their first and last names and where they live! Unlike Facebook or LinkedIn...

This is also a moderated site, so anything the moderators deem unsuitable gets zapped.

25 posted on 10/16/2009 10:37:43 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: TChris

Not to worry about the troll question: the intent is to point, laufgh, and humiliate the troll; not to intimidate, threaten, harm, or defraud them.

At least that will be my lawyer’s line of defense. *<];-^)


26 posted on 10/16/2009 10:39:30 AM PDT by ApplegateRanch (God wants a Liberal or RINO hanging from every tree. Tar & feathers optional extras.)
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To: ThomasThomas

[Just end ever post with XOXOXO]

Or, for us Texans, we just start every post with “Bless his little heart, but.....”


27 posted on 10/16/2009 10:40:14 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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To: TChris

The odds that this law is remotely Constitutional are about ZERO.


28 posted on 10/16/2009 10:41:13 AM PDT by piytar (This tag deleted by the Ministry of Truth. Remember, Big Brother Loves You. Or else!)
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To: piytar
Geez, I recant that statement in my previous post. Idiot that I am, I trusted the "journalist" to have provided the relevant details.

Here's the key missing part, thanks to Kolb in 18: "A person commits an offense if the person uses the name or persona of another person..."

That's a whole different issue! As far as I know, the Constitution doesn't protect the right to PRETEND TO BE SOME ELSE IN ORDER TO HARM THEM!

OK, on to the next topic...

29 posted on 10/16/2009 10:47:05 AM PDT by piytar (This tag deleted by the Ministry of Truth. Remember, Big Brother Loves You. Or else!)
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To: pray4liberty

Playing devil’s advocate liberal lawyer who wanted to take down FR on a case like this, I would argue that FR is different from just a message board because:
1. Each user can set up a personal profile page.
2. Users can interact personally with other users through ‘ping lists’ and state boards.
3. Users interact socially, not just from messages but through events like conventions, tea parties, etc.
4. Users are given profile tools like mailboxes, link lists, etc.
5. Users essential join groups with ping lists.
6. Users can customize the view for the topics and items they wish to see.

All these items make FR more than just a place you post messages, it is, by most definitions, a social networking website. One could say we were one of the first of the kind.


30 posted on 10/16/2009 10:53:42 AM PDT by mnehring
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To: pray4liberty

“Pranking” is only valid if you give it reasonable possibility. So, if she lost her job over this, then she has a very good lawsuit on her hands!

Since it can be proven that she did not post these, then her old company overstepped their bounds and let her personal life reflect upon her professional life. THAT is illegal! Is it hurtful, yes.

BUT, when you get into “intent” it leaves too large an opening for abuse. Like RICO laws. The problem with RICO is that is has been used to prosecute people for their “intent” even though there was no other evidence other than the fact that this group of crooks all knew each other. Now, am I glad that bad people are off the streets, YES - but I am not willing to forgo my principles of fairness and justice.

Especially when you have groups like ACORN that are OBVIOUSLY violating RICO laws, and nothing happens!

THAT is what scares me and many others when laws like this are written. Again, it isn’t their intent, it’s the negative results that bother us!

Remember in Hustler vx=s. Falwell, the Supreme Court ruled in the past that pranks and satire, which although can be hurtful, is still protected speech, because there is reasonable doubt as to the veracity of the claim.

It is a VERY thin line.


31 posted on 10/16/2009 10:53:48 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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To: GonzoGOP
How about go to Illinois. Kinda the same thing except that the weather is worse and the taxes are higher.

Although that's a slam dunk, Ohio and California run a close second.

32 posted on 10/16/2009 10:54:41 AM PDT by Publius6961 (Â…he's not America, he's an employee who hasn't risen to minimal expectations.)
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To: TChris
So, does that mean I have legal recourse against the Freeper who engage in cyber slap-fights?

BUAAAA HAHAHAHAHAHAHAHAHAHAhahahaha!!!!

33 posted on 10/16/2009 10:55:10 AM PDT by wbill
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To: piytar
Read the statute. It's not about the person's right to post whatever they please to whomever they please. You still have the right to post what you want. The moderators on a private forum have the right to remove it. The First Amendment does not cover shouting "fire" in a crowded theater or defaming someone's character.

This is about using a legal tool (in this case, the Internet) to run someone down--specifically to cause harm to their name, reputation, employment or job prospects or encourage other people to do them physical harm. Since it's illegal to literally run someone down using your car, it's just as illegal to use the Internet to do it.

34 posted on 10/16/2009 10:55:43 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: pray4liberty

http://en.wikipedia.org/wiki/Social_networking_website


35 posted on 10/16/2009 10:56:41 AM PDT by mnehring
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To: ExTxMarine

You’re right. But what you’re looking at is “selective enforcement” of the law (in this case RICO) and yes that is worrisome, but it comes down to whoever is in office and their causes, doesn’t it? That does not mean the law itself is bad...it’s the abuse of it from people with their own agenda, whatever that might be.


36 posted on 10/16/2009 10:58:49 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: pray4liberty

[Read the statute.]

Again, how the statute is written, or how it reads is seldom the problem.

However, how the statute is APPLIED that creates problems.


37 posted on 10/16/2009 10:59:21 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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To: ExTxMarine

For your comfort, ALL laws are selectively enforced. All of them. When a survivor gets justice these days, it’s an event, not the norm.


38 posted on 10/16/2009 11:01:39 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: ExTxMarine
The statute is actually very well written and much more narrowly defined than many "vague" ones I've seen that are "open to interpretation."

It's a shame that legislation like this is necessary at all because of the depraved actions of vindictive, nasty rotten people who get a power rush ruining somebody without consequences.

39 posted on 10/16/2009 11:07:52 AM PDT by pray4liberty (http://totallyunjust.tripod.com)
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To: pray4liberty

So we should just give up? We should open the door for more abuse?

Quick question: do you like the new “no texting while driving” laws that many states are implementing?


40 posted on 10/16/2009 11:08:22 AM PDT by ExTxMarine (Hey Congress: Go Conservative or Go Home!)
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