One thing I'll grant, is that it's not unreasonable for someone to call the thing in, esp. if it's stuck under a bridge. But, let me give you a real life example:
I was deployed to Kuwait and my navy unit guarded the two harbors that we use to ship supplies up to Iraq from USS Cole type attacks. One day we found a 55 gallon drum floating in the water. Of course we were going to investigate it. It could be a bomb. But it would be the height of stupidity to lock down the base send forces screaming all over hither and yon and then when it was all over and found to be nothing, charge some poor Haji who may have pushed the drum over the side of his fishing boat.
Yes, there is a threat to terrorist attacks and yes it's smart for citizens to call in suspicious objects, but the government has to react rationally. I can even accept the overreaction, but not charging the marketers after the fact (with a felony no less).
If some forgetful person left his suitcase in a subway terminal, would it makes sense to charge him if the bomb squad was called out?
So, while you were investigating that drum, did you keep other craft away? Or could any Tom, Dick or Haji have driven his boat right up to take a look?
This thing was attached to the support of a bridge. Step one is to cordon off the area to protect the public. That means closing the bridge. That means everyone knows. That means it is s big story, especially when similar things are found all over town.
I can even accept the overreaction, but not charging the marketers after the fact (with a felony no less)... If some forgetful person left his suitcase in a subway terminal, would it makes sense to charge him if the bomb squad was called out?
The difference is intent. This viral marketing outfit had a tremendous success by making their silly little cartoon front page news across the civilized world. Was that their intent?
That will be for a jury to decide. If they are shown to have intended to provoke this response, they are in big, big trouble. As well they should be.