Flame Emails Are Not A Crime

from the no-laws-broken dept

A few more details might be useful to understand what really happened in this case, but a woman accused of harassment for sending "e-mails laced with obscenities and references to Adolf Hitler and Osama bin Laden" to a website that had pro-death penalty statements has been cleared, after the judge said she didn't actually break any laws. Since there were just a few emails, they weren't seen as harassing, and since they were just directed to the website in general (which asked for feedback), rather than the individual who specifically received them, the judge determined that they weren't specific threats or harassments. While the ruling makes sense on the free speech side of things, these other arguments don't seem to make as much sense. Just because the website doesn't indicate who the emails are going to, they're still going to someone. Either way, for those of you who enjoy participating in various flame wars, it certainly seems like this ruling says that free speech protects you (at least in this court's jurisdiction) -- assuming you don't become threatening or continue to harass the person.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Steve Mueller, 24 Mar 2005 @ 2:41pm

    Agreed

    Unless there were actually threats in the E-mails and Web postings, she should have been cleared. While the woman seems a bit over-the-edge, name calling isn't a crime (at least, not that I'm aware of).

    However, the defense attorney seems like a moron after saying, "They're angry, they're vulgar, they're curse words - and they're not directed at Mr. Romano." As Mike mentioned, who did she think the E-mails were going to -- some artificially intelligent computer? If you respond to a contact on a Web site, I would assume your E-mail was directed toward the Web master and anybody else who worked for the site unless somebody was specifically mentioned.

    Of course, I bet if she'd sent a similar letter to the White House Web site, the story would have had a different ending.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 25 Mar 2005 @ 8:56am

      Re: Agreed

      Sadly, name calling in America is a crime.

      Call someone black a racist term & you can be prosecuted for a hate crime.

      Although I am not prejudice, I think it is absurd that laws are inacted that squelch racists people's ability to make an ass out of themselves.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 25 Mar 2005 @ 8:59am

        Re: Agreed

        Flame emails if sent to numerous people could be considered slander (or is it liable?) I awlays get those two mixed up.

        link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.