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Stacy is an editor, writer, author, mother, blogger and former magazine editor. But her fancy title is editor in chief of BlogHer.com.
 
 
 
 

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Judge Dismisses Twitter Stalking, Says Is "Protected Speech"

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It's amazing how technology and electronics, and the role they play in our lives today, can be misunderstood and misconstrued. And here's a doozy, and an upsetting one at that: a federal judge has dismissed well-known Twitter cyberstalking case, citing that the Tweets were protected under free speech.

This is a shocking ruling when you consider that the "free speech" Tweets, sent by a man named William Lawrence Cassidy to a well-known Buddhist leader Alyce Zeoli, comprise literally thousands of threats and disparaging comments, sent from several different accounts. This was not one single angry event spread across a single evening, but a planned and relentless campaign that went on for far longer than 18 months. (Eighteen months is the amount of time Zeoli barred herself into her home, according to the New York Times, so afraid was she to leave her house and risk that Cassidy would harm her. They knew each other in "real life" and had been colleagues at one point, so the attacks were, indeed, very much personal.

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This ruling is all the more surprising given all the attention that cyberbullying has gotten in the past year, as so-called "harmless" online communications led traumatized teenagers to take their own lives. And continuing research into teenagers and e-buse shows that constant monitoring via cell-phone texts creates as much self-esteem damage and anxiety as those comments would in person.

If we understand that the communication teens engage in via electronics is "real" and creates real damage and emotional devastation, then how is it possible that this is not what the judge understood in this case? Everything about Cassidy's actions were extreme, from the content of his Tweets to the frequency of them to the manner in which he doled them out. This is not speech to be safeguarded; this is not a side-effect of her notoriety (the judge cited her profile as a "public person" as one of the reasons the speech was protected). This is hate, pure and simple, being spewed at someone in a public way in the hopes of disturbing her and exacting an emotional price.

Teenagers may be digital natives, having lived their whole lives entwined with their friends in constant communication -- But our judges need to get native, too, and understand that what happens online has very direct and real consequences in real life.

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JohnAcord 5 pts

Judge Titus is out of control and needs to be removed from the bench before his wacky decisions harm countless others.

From Tracie 8 pts

Let us imagine what it would have been like for him to take each of those tweets and send them like a letter. I think the judge would have ruled very differently.

lisanoel03 7 pts

I do think Twitter opens up a whole new world though because I @ celebs or shows etc when I talk about them and not always in the best light. I wouldn't want that to be considered bullying. I agree what happened here is wrong but I can understand that its a concern for a slippery slope with twitter. The @ mention is different then sending direct messages to that person. As talking about someone to a friend is different then confronting that person and saying horrible things to them. But I think if threats are involved it shouldn't matter how its done. If a kid told a friend I'm going to shoot so and so tomorrow it would be taken just as seriously as if they told the person 'I'm going to shoot you'. Ah the tech age, wonderful is sooo many ways but as with everything, there are negatives.

Conversation from Twitter

Startupdance
Startupdance

fleur_de_lotus blogher indeed these social media is an open invitation to stalkers worldwide. Our lives on the net exposed!

ShannonBoschy
ShannonBoschy

fleur_de_lotus this is outrageous. The judiciary is clearly stuck in the 90's (what my teen son calls the old days).

fleur_de_lotus
fleur_de_lotus

ShannonBoschy agreed. And this is sadly likely\/possibly going to set a precedent :(

ShannonBoschy
ShannonBoschy

fleur_de_lotus a precedent or a supreme court challenge. Let's hope for everyone who ever dealt with harassment that its the latter.

fleur_de_lotus
fleur_de_lotus

ShannonBoschy Agreed!!

BeingMarci
BeingMarci

phdinparenting um, that link is to a blogher article, not written by you? am i missing something?

phdinparenting
phdinparenting

BeingMarci Oops! I'll try again.

OwlyJulie
OwlyJulie

fleur_de_lotus blogher wow. Judge doesn't understand technology. Love when free speech trumps hate speech. #FalwedLaws

BlogHer
BlogHer

owlyjulie fleur_de_lotus Exactly. There is a HUGE difference between free speech and hate speech. I'm shocked by this ruling. -Momo

fleur_de_lotus
fleur_de_lotus

blogher owlyjulie it's very scary!

FireMom
FireMom

blogher That doesn't even make sense. Since when are threats, written or otherwise, free speech?

Townsend_mKe118
Townsend_mKe118

firemom free gift cards here http:\/\/t.co\/ybBvmfyq

vegansalt
vegansalt

blogher How are so many diverse actions "protected speech," while actual voicing of opinion is so restricted?

BlogHer
BlogHer

vegansalt keprecruiter Good questions! -Momo

Conversation from Facebook

Kirsten Power
Kirsten Power

I agree, stalking is stalking.

Elizabeth J White
Elizabeth J White

Stalking is stalking. If it is illegal to stalk and harass someone in person, why is it not illegal to do so online?

Christy Matte
Christy Matte

This is almost in direct contrast to the recent defamation ruling. You could make the same "billboard" argument about any website, newspaper or magazine. That doesn't make it OK to harass someone. Free speech isn't supposed to cover harassment or threats.

Tiffiny Harmer Felix
Tiffiny Harmer Felix

I am really surprised by this, especially with the high-profile cases there have been in the last few years where people killed themselves after being bullied on-line. Humm... :/

Melissa Gardner
Melissa Gardner

WOW. That judge is seriously misinformed...