You’re going to jail, Corgi.
Tennessee is courting a war with 4chan’s /b/ with their recently enacted update to harassment laws. Here’s the part of the update to the law which makes sense: if you’re directly harassing someone over the internet, it’s subject to the same laws as harassment over a telephone or through the mail. Fair enough, and kind of surprising that wasn’t already part of the law. Now here’s the part of the law that is completely artarded:
The new legislation adds images to the list of communications that can trigger criminal liability. But for image postings, the “emotionally distressed” individual need not be the intended recipient. Anyone who sees the image is a potential victim. If a court decides you “should have known” that an image you posted would be upsetting to someone who sees it, you could face months in prison and thousands of dollars in fines. [ArsTechnica, emphasis mine]
In other words, it’s now considered misdemeanor harassment — punishable by up to one year in jail and fines of up to $2,500 — if anyone from Tennessee sees an image you posted which can “frighten, intimidate or cause emotional distress”, even if you didn’t send the image to them. Under the ridiculous wording of the law regarding images posted online, just about any image posted anywhere could be considered illegal, regardless of the image poster’s intent. Obviously, this law is unconstitutional and isn’t going to stay unchallenged for long. Another part of the legislation is also questionable: a provision which would allow law enforcement to read communications on social networks without a warrant, something ArsTechnica makes a good case is contrary to the Warshak decision.
This problematic law comes after the news of Tennessee’s “Don’t Say ‘Gay’” bill and that the state of Tennessee just banned sharing your Netflix or Rhapsody account, including punishments as severe as being charged with a felony, meaning you could spend more than a year in jail and lose your voting rights if you let too many people watch Police Academy 7: Mission to Moscow with your Netflix Instant account. Something about this whole situation makes me want to send links to Meatspin to every Tennessee politician.
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If I get raped by a coyote, can I sue National Geographic for publishing pictures of coyotes?
I’m butt-hurt. Literally.
I worry about my ass being too big. Should Kim Kardashian’s pictures be banned from the internet?
It may be a little vague in some areas but I like the law a lot. The internet is out of control and much that it occurs on it is illegal. I appreciate the state taking a stand. However, what really needs to be done is to find a way to force websites like Topix to require registration and moderate their forums for content that is definitely emotionally distressful such as children being attacked, business owners attacked, etc.
Too many assclowns in the Tennessee legislature.
I foresee /b/ being flooded with images of the state of Tennessee with captions like “I can count to potato” and suggesting their need to ban the word “Gay” means their legislature is full of closet cases who are trying to hide the temptations they simply cannot resist.
The party of small government at its best.
Randy, you’re an idiot. #1 if a child should not see it, a parent should take responsibility of what their children see on the web, there is NO excuse otherwise. Tools available range from port blocking, website filtering, and just sitting there and monitoring your child(s) computer use.
#2 much of what occurs on the internet IS NOT illegal. Take for example all the news sites you and everyone else reads. Educational sites, gaming sites, not to mention social networks. What are illegal about those? Even pornography is NOT illegal. To say otherwise denotes a portion of ignorance and stupidity that proves to the other civilizations of the world that Americans in general are stupid. If a child is at risk of seeing said pronography, see #1.
#3 Websites shouldn’t require a person to register. This would fall under something called privacy. Everyone has a right to privacy, even if they don’t realize it.
#4 You cannot have it both ways. Either you protect someones right to free speech, or you take it away, and that is exactly what these laws from TN violate.
#5 Forcing any site to moderate content based on the possibility that it might be emotionally distressing, assures that future snowflakes are going to be overprotected. Giving birth to a nation of soft, pathetic little babies, who much like services members who join the military today, cannot hack it when real life steps in.
In closing, I’d suggest you refrain from further comments on any of the internets public comments, forums or blogs, maybe even social sites, until you are at least moderately proficient in keeping an OPEN mind, and protecting a persons freedoms, as well as giving people a chance to make decisions for themselves without forcing your stupid, hypocritical and bigatory opinions on them.
Thanks, Mr. Long. My ass feels better now somehow….
Randy, YOU are the problem. If you are so senstive that you get “emotionally distressed” about something that isn’t happening to you, than get the hell off the internet. You don’t belong on it. Go sit in your little Nerf world and leave those of us who play tackle football alone.
It’s really too bad there isn’t some sort of protection for free speech embedded in our legal system.
As a Christian I applaud this new law. There’s too much blasphemy on the internet, and it’s time these grown adults start being held accountable for their unfounded hate speech. Some things need to be criticized with righteous judgment, but slandering THE TRUTH should never be permitted.
I couldn’t agree more, Sarah. It’s times like these when I need the word of the Lord to keep me grounded and on God’s straight and narrow path. I have found that comfort can be found in a delicious single combo with extra pickles and a frosty for only 99 cents, Lord willing.
Congressional weenies scare me big time. Who do I sue?
What if I’m Jewish and a picture of a cross ‘offends’ me? This is a very subjective bill. Who dictates what is offensive and what isn’t? What offends me might not offend you; vice versa. Why are the rights and freedom of speech of one group more important than another? Liberty and freedom for ALL!
What about me? I’m UGLY! Can posting my pic on FB get me jailed?
Obviously, this post is getting some pretty flippant responses. I appreciate what Randy said (06.09.11 at 10:49 am). I’m going to respond now to what Linda wrote (06.09.11 at 12:56 pm): Liberty and freedom for all…except those that want to kill me and you, those that want to steal our stuff, and, oh, the list goes on and on. Now we have a consideration of what is so offensive that it should be punishable.
Troll harder Randy
Another classic case of “The public’s watching, quick look busy” I’m tired of paying these jokers to pass stupid laws that don’t have a prayer of standing up to constitutionality scrutiny. The only big question I have is, if this was the best idea they could come up with, what were the rejected ones?
Poor Randy
If
gunsoffensiveness is outlawed, only the Ravens will field an offense.Really? Didn’t realize that I needed to state the obvious. The offenses that you sited do not fall under the protection of the First Amendment. I was actually referring to Sarah’s comment. It isn’t illegal to blaspheme? Or has the US become Iran overnight? As for hate speech, most of the hate groups in the US are based on Christian dogma.
Oh I’m sorry Sarah, I forgot that everyone in the world is a Christian and should moderate their behavior accordingly.
Thank goodness I don’t live in Tennessee.
Holy shit the internet IS out of control. We better let Tennessee handle this one. Quick, men of Tennessee, pull your dicks out of your cousins and handle this internet offensiveness.
Wow. Just when we over here on the other side of the water think that American politics could not possibly get any sillier, we get proven wrong yet again.
Seriously, guys, we love you like our favourite cousins and all that, but stop voting in some people don’t have a rota to determine on which day they get to use the family brain cell.
Hey, set us a good example, and we might even elect someone with the tiniest grasp of technology ourselves.
/shakes fist at ridiculous, unenforceable cookies directive
I wish I could embed a pic in the comments so I could post the one of Jesus (literally) fucking Christ. In da butt.
obviously nobody here has typed “offended” on google and had nightmares the night after
the night *before, fucking words
This makes me want to make fun of Tennessee. Penis on the state flag! Penis on the state emblem. The interwebs are gonna love this.
Would be nice to find some sort of middle ground on this. Somewhere in between Tenn. law and those who think who think absolutely everything should be allowed.
Obscenity as a legal term of art is objective, not subjective, so it shouldn’t matter who the offended party is or whence they see that image. Translation: that law’s dead on arrival, and any competent legislator would know that. So the Tenn. legislators are either ignorant or cynical in their attempts to buy cheap votes. P.S. There is no legal right protecting the freedom from feeling offended. Welcome to America!
You’re welcome; that will be $500.
Also, no self-respecting, professing Christian should support such an abomination. It’s laws like these in other countries that ban preachers from saying that certain things are sinful. This law’s fascist logic doesn’t just criminalize 4Channers from calling people “fags”–it criminalizes the preacher who would teach that sodomy is a sin. G_d gave you a brain; now go use it.
I’m from tennessee and I personally hope this does get passed only for the sole purpose of abusing this law and gaining a lot of money, which in turn I will share with everyone on the interwebs.
“Happy those who seize your children and smash them against a rock.” (Psalm 137:9)
I’m going to post a pic of that immediately.
I live in Memphis
How’s that “small government” working out for you Tennessee? You know, the republican one that stays out of people’s personal business?
So can I just find the myspace page of someone I hate, say that a picture of their face offends me, and send them to jail for being ugly?
internet was not meant to be used as a babysitter for children, adults only
Jesus loves sucking big throbbing penises
There is s simple two part solution. (1) Pass a law that says anyone under the age of 18 can not use the Internet unless they have a legal guardian sitting right next to them. (2) anything of an “R: or “X” rated nature most only be posted on sites ending with .SEX in their domain name.
I find porn to be emotionally distressing. Oops, there goes the entire internet.
bill.haslam@tn.gov – just throwing it out there.
@Lisa,
I know, right? Oddly enough, my penis finds porn to be physically distressing.
I’ll post whatever I get ready to, and those little FAGGOT weasils don’t like it, they can come arrest me.
Stupid rednecks. Thank god the rest of the world can safely ignore you.