Freedom of Speech and Internet Bullying

  

I'm not going to bore you with a rehash of the outright asshattery taking place on the Goodreads site and the bullying, abuse, verbal assault and outright threats against authors that the site permits and, by its inaction, condones.  What I am going to do is pass on some very interesting information obtained through a day spent in research and conversation with some lawyer and law enforcement friends.

First, a disclaimer:  I am not and never have been a lawyer or member of the law enforcement community.  I have, however, been working in, with and through the internet since the old listserv days back in the 1980s. As a business owner whose company functions in today's electronic environment I have at least better than passing familiarity with certain aspects of a new field called Internet Law as it pertains to communications, intellectual property, privacy, employee relations and conduct, and yes, even how to deal with trolls. I must also have an understanding of what constitutes the difference between freedom of speech, libel and outright threats.

The Supreme Court of the United States, the ultimate legal authority in this country, has issued numerous opinions defining freedom of speech, freedom of expression, pornography, et cetera.  Here is a link for laypersons to get you started if you are so inclined:

http://www.freedomforum.org/packages/first/curricula/educationforfreedom/supportpages/L04-LimitsFreedomSpeech.htm

This is a site that explains in clear, easy to understand language just what the First Amendment of the US Constitution is all about and cites caselaw on the boundaries of the Amendment.  Click on the lessons in the column to the left for more detailed information.  Take particular note of the language under the heading Clear and Present Danger.

Here is an example of free speech as guaranteed by the US Constitution and clearly defined by caselaw:

"I read this book by XXX and, frankly, the writing sucks monkey balls, the editing was atrocious and the story was a joke.  Do NOT waste your money on this book."   

I can even say that I think XXX is a stupid twit who couldn't write a complete sentence to save her life. I can post this opinion on my Facebook wall, Twitter, MySpace, any and all review sites, even have flyers printed up and distributed, and no one can arrest me for violating any law – civil or criminal.  No one can sue me for it, either.  I have a constitutional right to speak my mind. Period. End of sentence. Discussion over. Don't like what I said?  Too bad. Guess what? You don't have to read it. You don't have to allow me to publish it on your site. But you cannot prevent me from stating my opinion and publishing it in any media that permits me to post. Not in the good ole US of A.

However...and internet trolls had better sit up and take notice of what I'm about to write. If they don't, well, they can't say they weren't warned. Oh, and one other thing...Ignorance of the law is no excuse. The following will get trolls into some very serious hot water because it is NOT defined as freedom of speech under law:

"I read this book by XXX and, frankly, the writing sucks monkey balls, the editing was atrocious and the story was a joke.  Do NOT waste your money on this book. Not only that, she is a whore, a disease-ridden fuck hole that should be raped and hung by her neck until dead." 

This is an example of verbal assault and an outright death threat, which are NOT, I repeat, N.O.T. guaranteed rights under US law – federal or state. If the subject of such a post chooses to do so, they can take the evidence to their local law enforcement agency and turn it over for investigation.  And it WILL be investigated.  Again, I refer the reader to the cases of suicide that have been directly attributed to internet bullying.  These are the ones that make the news, but guess what...there are a multitude more that do NOT make the news that have led to arrests.  The landmark case was United States v. Drew in the death of Megan Meier.  Search cyberbullying, cyberharassment, cyberstalking for some interesting reads on how US courts view the type of crap that is allowed to proliferate on the Goodreads site. 

In the USA, say whatever you like about an author's book, but libel and threaten the author, don't think for a single second that screen name will protect you.  Delete your vitriol?  Once something is posted on the internet, good luck trying to gather up all the pieces.  There are screenshots out there. 

And let's not forget the site servers and your ISP.  And there is also your computer's unique identifier – it's called a MAC address. Think you're a good enough hacker to completely hide yourself? Think again.

If a cyberbullied individual chooses to do so, they can bring down a world of hurt on internet trolls.  There are three trolls on Goodreads (these are the ones who come to mind immediately) who really need to rethink some of the crap they have posted and hope to whatever god they pray to that a savvy author doesn't decide to prosecute them for their threats. 

Another little interesting fact...Regardless of Terms of Service, the site owner(s) can be held accountable for what is posted on that site.  Hellllllooooo Goodreads admins – are you listening?  

Shame on you Jeff Bezos.  You know all of this better than anyone, and you and your minions have done nothing to stop it.

Wouldn't it be interesting if all of the authors who have been libeled and threatened on the Goodreads site got together and decided to press charges?

Just a little something internet trolls need to think about. Karma ain't the only bitch in town. US courts have got it all over her and then some.

Goodreads Troll Society

The following post is dedicated to every author, published or yet-to-be-published, ever bashed and bullied by the Goodreads Troll Society.

Sad news today.  An aspiring author has decided to halt publication of her book because the Goodreads Troll Society has struck again. (Yes, written here as a single entity comprised of multiple individuals.)  Even though this group has NOT read the book, they decided to get their most recent jollies by flaming a first-time author before the book was even published. While bashing an author prior to publication is not unusual for this group, bashing an author to the point where the author has halted publication of their book is unusual.  I've not heard of an author halting publication as a result of GTS bullying.

"Meh", you say. "Internet trolls are a fact of life. Get over it."

"That may be," I reply. "But since when do we, the reading public, have to tolerate it to the degree that we are now going to be deprived of what could be an excellent story – and all because of the insane rants of a select group of idiots?" (Note:  Idiot as used in this post is a bona fide classification of one with an IQ of 0-20.)

This is not the first time the GTS (Goodreads Troll Society) has struck. Unfortunately, until the Goodreads site changes its Terms of Service (See Section 2, paragraphs 1 and 2), the GTS will be allowed to continue spewing their written crap.

Free speech is an absolute guarantee in the United States.  While one cannot yell "fire" in a crowded theater, one can spew whatever sewage one wishes on the internet regardless of the consequences.  As proof, I refer you, dear reader, to multiple cases of suicide directly attributed to the actions of internet bullies.  The instance of an author pulling publication of a book may not be suicide in the literal sense, but the author has basically killed a story it probably took her the better part of a year to write. 

And make no mistake, a story is as much a part of an author as an arm, leg, hand...or heart.

So, if the Goodreads admins will not stop the GTS, what can be done about this group? 

It's simple, really. 

First, learn about internet trolls and what makes them tick.  Here are a couple of good articles to get you started:

http://kotaku.com/5893237/how-to-win-the-war-on-internet-trolls

http://www.theguardian.com/science/head-quarters/2013/aug/12/psychology-trolling-online-abuse

John Suler, PhD, has written an outstanding article dealing with the Online Disinhibition Effect, i.e. the psychology of the internet troll.

Second, consider using their crap against them and to your advantage.  Yes, I said use trolls to your advantage.  No, I promise I haven't lost my mind.

We all know that internet trolls have an IQ somewhere in the negative numbers, possibly even as high as 20, but not much higher than that.  This being the case, taking anything the GTS says seriously should be viewed as a joke.  It goes back to the adage, "Consider the source."  The GTS hasn't got enough brain power between all of them to light a match, never mind being able to comment intelligently on anything they review.  You know this.  I know this. But these idiots seem to think they can control public opinion.

And they can – IF WE allow THEM to do so.  Let me say that again:  The GTS can control our opinions and influence our actions IF WE ALLOW THEM TO DO SO.

Therefore, we don't allow their opinions to influence our opinions or actions in any way. In fact, IMO, the GTS condemnation should be looked upon as a badge of honor, a rite of passage.  Once an author has been  bashed by these trolls, one has paid another toll on the road to literary success.  Further, authors should consider using a GTS bashing to their advantage in marketing their books.  This accomplishes two things:

1.  It gives the troll the attention the poor, unfortunate idiot craves, and

2.  Gives the author some free publicity. 

Think about it.  Being told "no, you shouldn't" and "no, you can't" are two of the most perfect psychological hooks out there.  Tell someone "no" and what's the first thing they want to do, need to do? Yep, you guessed it.  Marketing is 9/10^ths psychology, right? Well then...

Look, GTS is probably comprised of, at best, hundreds of individuals, but I would hazard not more than 500 at most. (Please, gods and goddesses, tell me there aren't more idiots than that on the site.)  There are literally millions of readers out there. 

To the readers, I say this – ignore the GTS or, even better, take their written sewage as an inducement to buy the book.  After all, do you really want an idiot telling you what to read? And since members of GTS probably can't read, are they even qualified to post a review in the first place?

To the yet-to-be-published authors, I say this – Please don't deprive the reading public of a chance to read the result of your hard work based on the drivel of idiots.  Let us judge for ourselves the quality of your writing and the story you tell.

To the published authors who have been bashed by the GTS, I say this – Use their sewage against them. Wearing a GTS bashing as a badge of honor says to your readers that you are the bigger, better person.  As a  reader, I look at a GTS bashing as an incentive to buy the bashed book and support the bashed author.  Note the psychology of "no" above. 

If power is what GTS wants, then power it will get – but not the kind it was counting on. (insert evil laughter)

Support those authors bashed by the Goodreads Troll Society – if for no other reason than to piss off the Goodreads trolls.