[Eugene Volokh, June 5, 2008 at 3:41pm] Trackbacks
The Crime of Severe, Repeated, and Hostile Communication with the Intent to Cause Substantial Emotional Distress?
That’s what a proposed federal statute -- the Megan Meier Cyberbullying Prevention Act, HR 6123, introduced two weeks ago by Reps. Linda Sanchez (D-CA) and Kenny Hulshof (R-MO) -- would create:
Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means [“including email, instant messaging, blogs, websites, telephones, and text messages”] to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
Wow. So if I harshly criticize Reps. Sanchez and Hulshof (“hostile”) at least twice (“repeated”) in a way that a jury finds “severe,” whatever that exactly means, and if I do that “with the intent to ... cause substantial emotional distress,” I could go to prison for up to two years. My criticism could be perfectly accurate. It could be an expression of my opinion, including on political, social, or religious issues. The desire to cause substantial emotional distress could be prompted by the target’s reprehensible actions or political views, and could be coupled with a genuine attempt to persuade the public. Doesn’t matter: My actions would be a crime...
volokh.com |
