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.
“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.
This is what the Left does to Rush and to other conservatives on sites that smear them and it has resulted in slander and harm to Rush...