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Should "retweeting" be a crime?
#42
(10-08-2019, 12:50 PM)fredtoast Wrote: Words are not protected if they are intended to harass a person

Harassment is illegal even if the content is true.  Here is the definition from the Tennessee Code

T.C.A. 39-17-308 (4)

     [b](4)  [/b]Communicates with another person by any method described in subdivision (a)(1), without legitimate purpose:
          [b](A)  (i)  [/b]With the malicious intent to frighten, intimidate or cause emotional distress; or
                [b](ii)  [/b]In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and  
[b]           (B)  [/b]As the result of the communication, the person is frightened, intimidated or emotionally distressed. 


Now tell me how these kids did not think releasing this information would "cause emotional distress".

Harassment charges require the person to communicate the harassing nature to the victim specifically. Unless he was tagged in the tweet where the information then harassment would not hold up. People vs Barber proved this out as a shunned ex posted nudes of his girlfriend to his twitter then sent the link to her family and employer. In this case the judge through out the aggravated harassment charges because the girlfriend herself was never sent the link to the nude photos. Maybe there is more up to date precedent around this but I just checked federal law and it is the same, it requires the person to receive such message directly.





Messages In This Thread
Should "retweeting" be a crime? - bfine32 - 10-01-2019, 10:41 PM
RE: Should "retweeting" be a crime? - CJD - 10-02-2019, 11:18 AM
RE: Should "retweeting" be a crime? - Au165 - 10-08-2019, 01:04 PM

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