Thursday, August 22, 2013

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:


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.





1 comment:

  1. EXCELLENT information and blog post, Saya. Thank you.

    ReplyDelete