And so it begins....

[Rotobeast]

free-speech

I know it's Canada, but here's another slippery slope to peer down.

[Benton]

That article seemed a bit one sided.

http://www.thestar.com/news/crime/2014/07/23/twitter_harassment_trial_tweets_not_harassment_just_a_different_political_view_defence_argues.html

Quote:She alleges that Elliott became fixated on her in the summer of 2012, obsessively following her tweets, commenting on them, using hashtags she created for various events and creating hashtags about her such as #fascistfeminists. She has testified that it was the frequency and volume of the tweets that caused her to fear Elliott, though she has also made clear that he never threatened her or sexually harassed her in any tweet.

Guthrie has testified that by the fall of 2012, she simply wanted Elliott to stop contacting her. “He’s entitled to defend himself to the world, but not to me,” said Guthrie.

Statute wise it might be possible to hang harassment on it. Dunno, I'm not Canadian. But if so, then she probably is guilty of it to:

Quote:Murphy has also suggested that Guthrie was not genuinely fearful of Elliott and was actually bullying him and taunting him through the use of a hashtag #GAEhole.

[GMDino]

(07-17-2015, 11:03 AM)Benton Wrote: That article seemed a bit one sided.

http://www.thestar.com/news/crime/2014/07/23/twitter_harassment_trial_tweets_not_harassment_just_a_different_political_view_defence_argues.html


Statute wise it might be possible to hang harassment on it. Dunno, I'm not Canadian. But if so, then she probably is guilty of it to:

There is a guy on Facebook that stalks me...friend of a friend.  If I comment (usually political) he will post entire manifestos about how wrong I am.  And when I pointed out that he seems to respond to every post and used the word "stalker" he said if he was stalking me I'd be buried so far out in the woods no one would ever know where to find me.



So I guess he's not a stalker?




Anyway...social media is a new area for courts to start to "define" was is stalking and harassment.  In the case above I'd call it harassment simple because of the volume of posts, but if she is engaging with him that's a harder call.

[BmorePat87]

Replace tweets with phone call. I know it's not entirely the same, but I can see the argument.

On the other side, you're choosing to make your thoughts public and are inviting everyone to respond to them.

[*michaelsean*]

If this ever gets here, I'm sending a bunch of you a-holes to prison.

[GMDino]

(07-17-2015, 11:13 AM)BmorePat87 Wrote: Replace tweets with phone call. I know it's not entirely the same, but I can see the argument.

On the other side, you're choosing to make your thoughts public and are inviting everyone to respond to them.

That's what I mean by "engaging".  I didn't look at the entire thing but if she was responding is it harassment after a while or when she stop responding?  

If she blocked him and he created a new account just to comment that might hold some water too.

(07-17-2015, 11:15 AM)michaelsean Wrote: If this ever gets here, I'm sending a bunch of you a-holes to prison.

[Benton]

(07-17-2015, 11:13 AM)BmorePat87 Wrote: Replace tweets with phone call. I know it's not entirely the same, but I can see the argument.

On the other side, you're choosing to make your thoughts public and are inviting everyone to respond to them.

That was kind of my thinking. Actually, it was more: if a guy was standing on the public sidewalk in front of your house talking about how much of an idiot you were and commenting on you, he'd get charged with harassment.

(07-17-2015, 11:15 AM)michaelsean Wrote: If this ever gets here, I'm sending a bunch of you a-holes to prison.

[SunsetBengal]

(07-17-2015, 11:07 AM)GMDino Wrote: There is a guy on Facebook that stalks me...friend of a friend.  If I comment (usually political) he will post entire manifestos about how wrong I am.  And when I pointed out that he seems to respond to every post and used the word "stalker" he said if he was stalking me I'd be buried so far out in the woods no one would ever know where to find me.



So I guess he's not a stalker?




Anyway...social media is a new area for courts to start to "define" was is stalking and harassment.  In the case above I'd call it harassment simple because of the volume of posts, but if she is engaging with him that's a harder call.

in your case, I would say that is akin to communicating a threat.

In the posted story, seems like mutual bantering to me.

[SteelCitySouth]

(07-17-2015, 10:44 AM)Rotobeast Wrote: free-speech

I know it's Canada, but here's another slippery slope to peer down.

How is this a free speech issue?

This is a person that has filed charges of harassment.  The courts are obliged to hear the case.  In which it will be likely shown no harassment happened and the bloke will leave unscathed.

The only way this could be a free speech issue is if the government had filed charges on the guy......they didn't

[SteelCitySouth]

(07-17-2015, 11:07 AM)GMDino Wrote: he said if he was stalking me I'd be buried so far out in the woods no one would ever know where to find me.

Tell him his mom would still know how to find you.  Better yet friend me on Facebook and I'll tell him.

[GMDino]

(07-17-2015, 12:37 PM)SteelCitySouth Wrote: Tell him his mom would still know how to find you.  Better yet friend me on Facebook and I'll tell him.

[*michaelsean*]

(07-17-2015, 12:34 PM)SteelCitySouth Wrote: How is this a free speech issue?

This is a person that has filed charges of harassment.  The courts are obliged to hear the case.  In which it will be likely shown no harassment happened and the bloke will leave unscathed.

The only way this could be a free speech issue is if the government had filed charges on the guy......they didn't

He's facing 6 months in jail so I'm guessing the government did file charges.

[SteelCitySouth]

(07-17-2015, 01:43 PM)michaelsean Wrote: He's facing 6 months in jail so I'm guessing the government did file charges.

They didn't.  The woman filed charges of harassment.  Harassment carries a potential 6 months.  It is the responsibility of the courts to hear the case.  This si called due process and is not in any way in violation of free speech.

[*michaelsean*]

(07-17-2015, 12:34 PM)SteelCitySouth Wrote: How is this a free speech issue?

This is a person that has filed charges of harassment.  The courts are obliged to hear the case.  In which it will be likely shown no harassment happened and the bloke will leave unscathed.

The only way this could be a free speech issue is if the government had filed charges on the guy......they didn't

Of course they did.  How else is he facing jail time?  He's charged with criminal harassment.  

[SteelCitySouth]

(07-17-2015, 02:57 PM)michaelsean Wrote: Of course they did.  How else is he facing jail time?  He's charged with criminal harassment.  

Right....Harassment is a crime, which does not violate the tenants of free speech.  Now I believe that in Canada a person filing charges against another requires less than it does here.  I doubt here in the US there would have been enough evidence for the charges to be put through.  Even then, if they were, there still would not have been any violation of free speech.  Due process is there to insure that.  I the end this guy will walk and then he will have grounds to file a lawsuit against the raging femenazi.

[Rotobeast]

(07-17-2015, 12:34 PM)SteelCitySouth Wrote: How is this a free speech issue?

This is a person that has filed charges of harassment.  The courts are obliged to hear the case.  In which it will be likely shown no harassment happened and the bloke will leave unscathed.

The only way this could be a free speech issue is if the government had filed charges on the guy......they didn't

Honestly, I was on my phone and only shortened the address, for the link.
I didn't even think about it, so..... yeah, you're right.

[SteelCitySouth]

(07-17-2015, 04:40 PM)Rotobeast Wrote: Honestly, I was on my phone and only shortened the address, for the link.
I didn't even think about it, so..... yeah, you're right.

gotcha