Youre dealing with speech. There is no infringement of my civil rights, other than perhaps intimidation, which generally falls under hate crimes, whether you care to admit that or not.. Theres no suppression of my 1st amendment rights. Its a private site, Ive no inherent right to post, and neither FR nor the racist are preventing my posting. The fact of the matter is hes not infringing on my rights in any way that would be covered outside the realm of hate crime intimidation.
2. Cyberstalking. A select group of FRPRs are being targetted by this vile act. I have absolutely no doubt that if this POS could hurt these people directly, he would.
Some states have cyberstalking laws, which generally fall under the category of hate crimes legislation. That makes sense, because if there are hate crimes, this is one, if they shouldnt be legislated against, theres no harm here, no certainly a foul. Harm is a longstanding exception to 1st amendment freedoms. If his threats specific and credible, or if a reader acts on them, hes crossed the line. However what you have no doubt of is irrelevant. Its the judge or jury, and particularly the prosecutor who reviews it before that. IMO theres nothing here.
3. Child endangerment. Long shot, but some FRPRs let minors on their sites. If posting this crap on a website meant for minors could get someone prosecuted, and if we could prove that minors are harmed by his action, we can definitely charge his sorry butt on that.
IMO that is a long shot. Approach it from that perspective and you also have to consider FRs obligation to protect minors from whats posted here.
Outside of the realm of hate crimes legislation, which Im generally opposed to, theres no crime here, other than the threats. From a civil perspective, Im sure there are a lot of options.
Anything we can do, do.
actually, he is infringing upon the first amendment rights of the site owner and all rule-abiding FReepers: Freedom of association, especially on private property, means freedom FROM association with those who are unwelcome.
This serial troll is guilty of trespass as well: Having been ejected, he has returned again and again to private property where he knows damn well he is not welcome.
I do not know if there is any way to prosecute this asshat for his antics, but I do hope there is, and that it is being vigorously pursued.