Government Diigo

"It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person." This is some of the language of the out of the bill (I found it in another article on Forbes). It seems reasonable, at least this section as I haven't read the whole law, except for the parts that say, "annoy or offend" and "use any obscene, lewd, or profane language or suggest any lewd or lascivious act". We have laws that say you cant threaten, intimidate, threaten, or harass people in person or to threaten to inflict harm on another or their property so it makes to do the same thing over the internet. The fact that they added the annoy or offend and other parts I mentioned is a little ridiculous because just stating your opinion, and what you believe, on Facebook or in a comment section on a news article could "offend" someone. There is a big difference between being offensive, which is and should be legal, and trying to threaten, harass,terrify, and intimidate someone.

I can see why they want to remove the whole terrify, intimidate, and threaten part, but in all reality, the rest of the law is what is accountable to what most consider, "trolling." I personally don't get why annoying people would be against the law, it's human nature, and you cannot change that. And offending someone online means you do so verbally, and have a separate opinion from the person you are offending.You would be violating freedom of speech if you put that last bit in.

the expressed opinion that annoying someone else is human nature makes me question if you truly understand human nature. However, you are also incorrect about your freedom of speech theory. The law states that it is illegal to post something with "the intent to terrify, intimidate, threatend, harass, annoy or offend" which clearly removes it from freedom of speech parameters. Do you honestly believe that it is your free right to harass a person, or to intentionally offending someone, which can logically be derived as a branch of harassment? I don't mean to sound rude or agressive, but I really don't see that falling under a freedom of speech infraction

I agree with Alex plus it says the intent to do those things... If you're stating your opinion you aren't really intentionally setting out to annoy or offend anyone. You are just stating what you think

I have to disagree that intentionally offending a person is a form of harassment. Casually stating god isn't real to a person you know to be a devote Christian could potentially be offensive but it isn't harassment. On another note being intentionally offensive has been upheld by the Supreme Court, in the case of R.A.V. v. City of St. Paul, as being in the parameters of protected speech. However, in Virginia v. Black the Court said that being offensive as to intimidate a person or group is not protected speech. Some comedians are intentionally offensive to specific groups but because they aren't being offensive as to intimidate, harass, terrify, or threaten others their offensive speech is protected.

an interesting point, Jeremy. However, if I may ask, would hunting down a specific group on the internet in order to state a belief against theirs for the sole purpose of antagonizing that group not be harassment? I cannot argue against the logic presented in those cases that intentionally being offensive would be protected... however, entering a church in order to proclaim that there is no god (as an example) would be the equivalent of hunting a group down and posting that on their forums. I know that isn't the only reason that a post would show up like that, but it seems the most likely to me. I do enjoy a good, offensive comedian, but if he were to come to me specifically because he wanted to tell me how my beleifs were incorrect, I think that would fall under religeous harassment, (spelling?) just like a religeous person can be charged for harassment for hunting down a person with opposing beleifs and proclaiming their message, shouldn't people trying to tell them that their beleifs are incorrect be treated in kind?

Great discussion... another issue to consider is whether or not the listeners are "captive audience" or not. Freedom of speech is an incredibly complex topic (which we will discuss more soon in class) There is a big difference between an offensive comedian that I choose to go watch at a club and the same comedian that shows up on my doorstep to deliver an offensive message... if the second scenario continued it would seem to rise to the level of harassment pretty fast. The bigger question in my mind is do we want to prevent "offensive speech" at all or would that be a slippery slope to taking away more of our right to expression?

I don't think that being annoying or offensive (so long as it's not harassment) should be illegal. It's kind of like cussing - it's frowned upon, but shouldn't necessarily be illegal (unless used in an act of violence or threatening someone).

Alex, you stated earlier that, "The law states that it is illegal to post something with "the intent to terrify, intimidate, threatend, harass, annoy or offend" which clearly removes it from freedom of speech parameters." That is false, and why the law has not been passed as of now, and unlikely to be passed ever. Not to mention that it is to unclear upon its wording to be held up in court. I also do know that this law clearly states, "annoy." I annoy people, I do it daily, should I be jailed for 25 years for it? (The maximum time period in which this law can jail a person for). Also, I can go into a church and say, "God is not real." What exactly can you legally do against me? Can you jail me for going in there and stating my beliefs? At the most, you can make me leave by request or have me jailed for trespassing. That's like being jailed for saying, "I hate the U.S. government," which I have a clear right to say as in our first amendment. As for the idea of "Religious Harassment," one can have there beliefs. If I go to a church, and decide to start screaming on the top of my lungs, "God is not real!" I am stating my beliefs were I please, which is protected under the first amendment. A Christen probably would not like it, but if one comes up to me and says God is real, there is not much either on can do to convince the other the other that they are wrong, and both are entitled to there own opinion. This law would jail someone for stating there religious beliefs, which is not legal by our constitution. Would that not be "Religious Harassment?"

Payton, you state that my reference to the law is false, however I took that as a direct quote from Jeremy. Perhaps you should do a little reading? as for what I can legally do, I can report you for religious harassment and get you a ticket. By there you mean to post "thier", just so you know. Simple mistake. Anyways, specifically looking for someone to aggrivate by stating thier beliefs are no longer just looking to state their beliefs. I am not arguing against one's ability to annoy, by the way. I do tend to do this on a regular basis. I am stating that it is harassment to seek out persons that I know will be offended by my remarks and verbally assault them, and they may do as they please with this assault. I do appreciate your use of 'reductum ad absurdum' or the reduction of an opposing argument to its most rediculous or nonsensical interpretation. However, I am not suggesting jail time.

Alex, you do realize the law itself suggests a minimum sentence of 6 months, to the max of 25 years in prison for one simply stating something as simple as beliefs on the internet. As well as that 2nd hand reference, that I assume you simply went off the word of another with, is still false, the bill did not pass because it broke the first amendment. As for that ticket, I would be ticketed for expressing myself about my religion, and in no way did I say anything bad about another religion, that would be freedom of speech before religious harassment.

That ticket would be for harassing a group of people for their beliefs, and you know it. If I were to hunt you down and assault your every belief, whether it be right or wrong, and do it, not just for no reason, but simply because I want to cause anger and controversy? That goes against everything our country stands for. We have certain inalienable rights, including the pursuit of happiness, and dealing with someone who just wants to make you angry directly interferes with that.

I'll first start off by saying that in my last post I misspoke when I said that I didn't believe that being intentionally offensive is harassment. I should have said that it isn't necessarily harassment. Payton the law did pass the Arizona Legislator and it reached the Governor's desk, that is why people were worried about First Amendment Violations. The Legislator then pulled it back before Governor Brewer signed it into law, stating that they may rework the wording of the Bill to narrow the broad language in hopes to remove parts that could potentially violate Free Speech. The revised bill has since been signed into law. This is the first form of the Bill passed by the Legislator but was brought back to be reworked: http://mediacoalition.org/mediaimages/AZ-HB-2549s-as-passed-by-legislature.pdf This is the reworked Bill as to narrow it's scope which became law: http://www.mediacoalition.org/mediaimages/HB2549-as-amended-most-recent-04_2012-full-bill.pdf Alex and Mr. Pregon do make a good point about seeking out specific groups. I think after looking into it a little more Mr. Pregon is right about Freedom of Speech being a complex topic. Looking at the two court cases I mentioned and then two others I ran into while looking things up seem to contradict each other in someways yet support each other at the same time. Snyder v. Phelps and the parts of the majority ruling that were in an article I read, actually found the full ruling and opinions and plan on reading them, make it seem like, to me at least, it is in fact okay to seek out a group and say things that are unpopular, potentially offensive, and controversial as long as you aren't trying to intimidate, threaten, etc. that group as V

Alex, there is a difference between stating a belief, such as not believing in god, and discrediting a religion based on that belief. That would be an odd situation, but as long as one does not go into detail as to how a religion is superior/inferior to another, it should not be considered offensive. Jeremy, this article was written previously to the revised bill, due to it being highly ambiguous. I also agree as to the newly revised bill. The bill previously was going strictly reduce freedom of speech, which will no longer be that well restricted, although I doubt it will be easy to enforce.

Of course you would put this up Payton....

I think that from the physiological stand point this court case makes seance. How ever I think that our tax dollars should not be used to make this medical procedure happen.

This is a very odd case to say the least. This prison inmate is at 13x the risk of a sexual assault as the average inmate. So, the question is, is the protection of a near-insane murder worth tax payer dollars? I don't think so, but something has to be done about the inmates safety, perhaps being placed alone, or with people of the preferred gender of the inmate? In the event of tax payers paying, is it really that much? The government comes up with about $2,650 billion yearly from income tax alone. To add on, it is really not that often that this expensive of a situation arises. Is it really that big of a deal for something that almost never happens, but may help someone in the near future?

This may be what's "best" for the inmate, but he/she (no offense intended, I just don't know what to call them) murdered someone. Don't you think that a murderer should in some way "pay" for what they've done. They don't deserve the best, but they also don't deserve to be sexually assaulted. Also, tax payer dollars should not go towards things like this, that money is for the betterment of the community and/or the country. To fix the sexual harassment problem, the inmate should be put somewhere alone. Yet, another question rises, what about all the other inmates (male or female) who are sexually assaulted? We can't worry about them all, plus they're in there for a reason, they don't deserve tax money to go towards protecting them whenever they put others in danger that led them to be in prison. So, the answer is no, it's not worth it. It's not tax payer's problem.

if this person wanted to become a women then wouldn't they prefer men? which means that if they are 13 times the risk, wouldn't that be a good thing since they like guys? well if it was a rape then i understand but there are sometimes in prison when it isn't a rape or sexual assault, both want to do it. in that case that person should consider themselves lucky to be around guys all the time.

haha what if this dude was just really straight and thought that if he gets a sex change that he will be placed with da lady's so he wouldn't be around all da dudes n stuff .

I agree with Payton just place her alone if its for her safety. If its for her mental condition send her to a prison mental health facility.

I just don't understand how a PRISON INMATE is allowed that luxury of sex change surgery. Especially considering the price and how much it really is causing taxpayers

Abortion is never the way to go no matter what circumstance. Whether its an accident, and inconvenience or cause by rape, abortion is never the answer. People who get abortions are selfish, if rape is the issue and you don't want to have the kid because you don't want to be reminded of that instance in your life, then give the kid up for adoption. Whether you have the abortion or not, you will always have that memory. So give that life a chance, just as you had a chance when you were born. Everyone deserves a chance at life, no matter the reason they were brought into this world.

Here's the way that I see the whole abortion issue: Personally, I am pro-choice. Even though it could be considered ethically wrong to get an abortion, it's the mother's body, and she can do as she pleases with it. However, it IS wrong to use abortion as birth control. I think the issue is that some people think that they don't have to use proper birth control, and can just get an abortion. But abortion should definitely be allowed in situations of incest, because inbreeding is just never good. It causes the child in question to have problems, and while people with physical or mental issues are accepted in society, it's just common sense to prevent it when it CAN actually be prevented, like incest (don't abort the child if it's not incest). I also think that teenage girls deserve the right to get an abortion, because they're typically going to still be going to school, and I imagine that going to school pregnant is hard in every way. Of course, the best option is proper birth control, but it unfortunately isn't available in certain situations.

I agree with Kirstina, abortion shouldn't be used as birth control, birth control should be used. I also think that abortions need to be available in cases of rape, as well. It's easy to say "just give the kid up for adoption" but it's much harder to guarantee that the child will actually be adopted into a good home, or will even be adopted at all. Many children spend their lives in foster homes. Besides, you would still be forcing the mother to carry a fetus for nine months, putting her life on hold for something that isn't even conscious.

Being morally correct is so much more important than being politically correct. Abortion is in so many ways is morally wrong. To be for something that should very well be considered murder is absolutely absurd. I agree, everyone has the right to do what they want with their body, but that doesn't mean that what they're doing to their body IS right. That is like being pro drugs. Yes, if people want to do drugs, I guess that's their right, but is it right that they're doing drugs? No. That applies to abortion. And yes, "just give the kid up for adoption" IS the better way to go, because whether or not they go to a good home shouldn't be your biggest concern, it's whether or not they even HAVE a home. So give the poor helpless baby a chance, just like you had a chance, because that baby could grow up and do great things. Whether it was raised in a foster home, orphanage or by an unfit family, if you (the one who's pregnant) feel like your unfit to raise your child, wouldn't you think anything else would be better for it than killing it without ever giving it a chance?

i think in cases like that abortion should be allowed. i am pro-choice but when a dumb 15 year old gets an abortion just because they chose to have unprotected sex is not right. they should take responsibilities for their actions. but if the situation is like this, when the kid will be abused and poor and neglected i believe abortion should be allowed. it was sad to read this article but also good to read.

But when you're pregnant, how do you know they will be abused, if the parent would just have the baby and take responsibility for their actions in the beginning then they wouldnt be abused. Wouldnt you make sure of that? for the sake of your child? or are you just going to give up, take the easy way out and kill it?

Its really sad to think that someone would have wanted their mothers to abort them. Even if it was what could have been best for them.

asking a little kid 2 change his name is ridiculous. the boy has a right 2 his own name just like any person does

I think asking a young child to change his name just because they think it looks like a gun when its simply his hand sign to represent his name is ridiculous. It is an actual sign to represent his name and is no way a threat to the other children or staff. Kids that little don't even think of things as weapons like that.

that is crazy that they would ask him to change his name just because of a school rule

that is stupid that a school ask a family just to change the kids name just because of a rule, even though the sign is approved by the S.E.E. And the school also does not have the right to ask the parents to change the kids name when it is the parents right to name their own kid.

I personally think the the school is being ridiculous. He's just a kid, he's not gonna know what a gun is.

That's his name, his identity. They have no right to tell him to change it. He's a child and I see no problem with him and his name sign when it's registered and causing no legitimate harm.

This rule seem very unfair. He has already been saying his name this way for three years. He has no other way to communicate, he can only use his hands. Which i think is ridiculous, they don't make hearing (i don't know how else you would describe them) people change how they say their name. It also doesn't seem to represent a gun in any way, in my thoughts, so it should be fine.

I also find it to be unfair because it's his name, so he shouldn't have to learn or make a new name.

I can only hope that he does drop out of the race. I don't believe that anyone as ignorant as he seems to be is fit to be a Senator. I would have hoped that if someone were a pro-life advocate they could at least take the time to understand the reproductive system. Not to mention that "legitimate rape" is possibly one of the most offensive things you could say when discussing this issue. Is he trying to imply that there is non-legitimate rape or does he just not realize what he's saying?

From reading the article I feel as tho they did not get the most current and correct medical information about this subject. I also think candidate Romney is trying to back peddle and correct what he said in a earlier interview and he is not actually legitimately concern with this controversy.

i agree with Mallory I really would not want someone that ignorant being in power of anything

I don't think anyone ignorant and has no respect what so ever should have any power.

I really like this article. I found it true and very knowledgeable. But some of the content, i found absolutely absurd. The fact that we can't take pictures in Court houses and places like that makes me think that the Government is hiding something from us that we aren't aloud to see. My opinion on that is as an American Citizen, they shouldn't be keeping secrets from us. They should tell us the truth whether it is good or bad. We have a right to know. But the whole Trespassing thing is just wow too because what if there is a place that is not clearly marked off.? You can get in so much trouble with out even knowing.

this issue has come up recently in some cities passing laws against recording police specifically. I thought some of the comments on the original article were thought provoking as well.

I agree with Eric I think the Government should let the public take pictures in those government buildings because we as people pay for those government buildings and I just think that's fair. I do also understand the law because somethings need to be private.

I don't want to call anyone out or attack someones beliefs, but I believe that the government needs to keep secrets. If we release every detail, there would be major national security implications to deal with. While some secrets are ludicrous, sometimes a secret is better off not being shared.

But if they shared everything with us, maybe we wouldn't be in such a crisis. Like if they told us where the heck all of our money is going... I just think it is completely absurd that they keep secrets from us.. this is supposed to be the land of they free. is it really free if they aren't telling us information that we want to know? I think not.

I think that they made a good point to keep religion out of their decisions they make for the US because there are so many people of different religions in our country. But they came across really offense and offended people of those religions. They had a good idea just not a good way of going about it.

I hope Romney wins the election. I believe Obama is destroying our country and if he gets reelected the United States is going to fall apart to the point where it is going to take decades to repair (if it's not to that point already).