10-08-2019, 02:27 PM
(10-08-2019, 01:44 PM)fredtoast Wrote: Barber just deals with New York statute.
Here is pertinent portion of Tenn statute.
[b](e)[/b] As used in this section:
[b](1)[/b] "Communicate" means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or web sites;
[b](5)[/b] "Social network" means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
Still don't know why so many people are fighting to defend this type of behavior. A young man killed himself because of this and the people responsible knew it would cause him severe psychological and possibly even physical harm.
Where did you pull this communication definition because I am looking at the statute you referenced on harassment and don't see this anywhere? I saw where the social media definition made it in, but can only find the amendment to redefine communication. The wording to me still leaves open the defense of it needing to be directed towards the person somehow i.e. tagging sending links etc. Harassment that is put somewhere and never seen by a victim isn't harassment as it's written. The fact the attention of the victim wasn't captured but left to chance is the defense I'd be using. Otherwise simply saying I can't say a bad thing about someone on a website, even if they never see it, is harassment would clearly be a freedom of speech violation that would be struck down.
As to you not understanding why, that is probably best answered by you looking back at the questions I keep asking about the reach of such an interpretation that you continue not to address. Does your definition of harassment make outing someone as gay illegal? If true, how far does that go? Does outing someone as cheating on their spouse equate to harassment? Is simply stating either thing to a single person, not the person being outed, make it illegal? Is gossip now illegal? You keep wanting to crusade for the kid nobly but don't want to define where that reach ends.
