The Thin Blue Line Between Freedom of Speech and Criminal Intent | The Odyssey Online
Start writing a post
Politics and Activism

The Thin Blue Line Between Freedom of Speech and Criminal Intent

29
The Thin Blue Line Between Freedom of Speech and Criminal Intent
Politifake

The thin line between defamation and freedom of speech within the media and the difficulties that comes with the anonymity and the indecisive guidelines and rules that comes with a social media account are still up in the air. There seems to be no definitive line, but only a basic, brief understanding of what is happening. There seems to be progress in the United States, and some progress in other countries such as the UK and Iran, but there needs to be a joint call to action including the audience and users of social media and the government. Together, we can all come up with guidelines that can not only protect us users, but also the territorial communities and the government.

Luring people into internet troll traps can often be nasty and hurtful but it is customarily seen as protected expression. Internet users are free to use whatever words and images they choose to get a reaction out of others users, no matter the time or place. The beauty of the internet is that it is mostly anonymous and the users are protected by a screen and at times, many, many miles. Odious and offensive ideas are under constitutional protection, “so debate on public issues can be “uninhibited, robust and wide open” under the First Amendment” (Citron, 2014), but where does the line get drawn between freedom of speech and crime.

An interesting event that occurred that tests these limits is the alleged murder of Kendra Childs by the father of her baby’s ex-girlfriend. Rachel Herron describes the event that occurred on Twitter as the alleged murderer was purportedly planning the murder of the young woman, Kendra Childs, on the social networking site, Twitter. Childs was killed during a drive-by shooting that took place outside her apartment. She was in her home “when a black Camaro pulled up and began shooting at her walls” (Herron, 2016). When Childs’s boyfriend came home from work, he supposedly found her dead on the floor.

The law is able to track down persons that engage in cyber harassment and cyberstalking, but there is “a point when trolling escalates beyond the offensive and shocking into cyber harassment or cyberstalking” which are actions that are not protected (Citron, 2014).

Bystanders of the incident told police officers that they “saw a Camaro with tinted windows pull up outside of the apartment and fire several shots through the wall” (Herron, 2016). Police believe a man and a woman were inside of the car. After Childs’s death, the hashtag #RipKendra started trending on Twitter. This viral hashtag incited Twitter users to post screenshots from user “Linglingbaby” (@_ladycocaine), the supposed ex-girlfriend of the man Childs had a child with. The tweets read:

"Nothing makes me mad about a b***h saying she was with my n***a or whatever cause like I tell him… the h** won’t be around too long.”

And two months before Child’s death, Linglingbaby tweeted, “My plan is to plot for a year… And I’m gone kill them people. [I don’t give a f**k] if the [police] see this.”

And even further back, in January, she tweeted, “I think I’m really evil enough to eat a [motherf**ker] alive! Like b***h [I don’t give a f**k] about you… I’ll real life kill you and eat you b***h! F**k you.”

The day before the shooting, she wrote, “Praying everything goes good [tomorrow]. But I just know it will” (www.Twitter.com).

Online perpetrators can be criminally prosecuted for “criminal threats, cyberstalking, cyber harassment, sexual invasions of privacy and bias intimidation.” They can be sued for “defamation and intentional infliction of emotional distress.” In a few states, they can also be held to account for “bias-motivated stalking that interferes with victims’ important life opportunities, such as employment and education” (Citron, 2014).

It has been found that mediators, which are usually active on the websites where trolls post comments, can step in to retract “the privilege of anonymity, or even remove abusive speech that violates their community guidelines but when trolling turns into cyber harassment or cyberstalking, the law can and should intervene (Citron, 2014). According to numerous Google searches, Linglingbaby has not been charged with the murder and the police are aware of the multiple suspicious tweets made by the alleged killer. Twitter has not come forward about the incident either, and despite the presence of supposed mediators, Linglingbaby tweets were not removed or investigated when they were posted, which may have saved Childs’ life.


Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Lifestyle

8 Stereotypes Sorority Girls Are Tired Of Hearing

We don't buy into these... just like how we don't buy our friends.

98
Sorority Girls
Verge Campus

Being a part of any organization undoubtedly comes with the pitfalls of being grouped into negative stereotypes, and sororities are certainly no exception. Here are the top few things, that I find at least, are some of the most irritating misconceptions that find their way into numerous conversations...

8. "The whole philanthropy thing isn't real, right?"

Well all those fundraisers and marketing should would be a waste then wouldn't they?

Keep Reading...Show less
Lifestyle

11 Things Summer Nannies Can Relate To

There are plenty of obstacles that come when taking care of kids, but it's a very rewarding experience.

1158
kids in pool

As a college student, being a nanny over the summer is both enjoyable and challenging. Underneath the seemingly perfect trips to the pool or countless hours spent playing Monopoly are the obstacles that only nannies will understand. Trading in your valuable summer vacation in return for three months spent with a few children less than half your age may seem unappealing, but so many moments make it rewarding. For my fellow summer nannies out there, I know you can relate.

Keep Reading...Show less
girl thinking
thoughtcatalog.com

There are a lot of really easy, common names in the U.S. and while many of those simple names have different spellings, most of the time, pronunciation is not an issue that those people need to worry about. However, others are not as fortunate and often times give up on corrections after a while. We usually give an A+ for effort. So, as you could probably imagine, there are a few struggles with having a name that isn’t technically English. Here are just a few…

Keep Reading...Show less
Daydreaming

day·dream (ˈdāˌdrēm/): a series of pleasant thoughts that distract one's attention from the present.

Daydreams, the savior of our life in class. Every type of student in the classroom does it at least once, but most cases it is an everyday event, especially in that boring class -- you know the one. But what are we thinking while we are daydreaming?

Keep Reading...Show less
Jessica Pinero
Jessica Pinero

Puerto Ricans. They are very proud people and whether they were born on the island or born in the United States by Puerto Rican parent(s). It gets even better when they meet another fellow Puerto Rican or Latino in general. You’ll know quickly if they are Puerto Rican whether the flag is printed somewhere on their person or whether they tell you or whether the famous phrase “wepa!” is said.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments