"Proponents of a more refined First Amendment argue that this freedom should be treated not as a right but as a privilege — a special entitlement granted by the state on a conditional basis that can be revoked if it is ever abused or maltreated."It suggests, by its very nature, that the government possesses the right to grant the "privilege" of free speech to citizens... and thus the right to revoke it. That's an astonishingly dangerous path, and one that should not be taken seriously. Of course, given their right to speak freely, state senators Jeff Klein, Diane Savino, David Carlucci and David Valesky have every right to put forth that argument...
"LEAVING IMPROPER MESSAGES ON ONLINE MESSAGE BOARDS OR SENDING HURTFUL AND DAMAGING MESSAGES TO OTHERS;
“FLAMING” (HURTFUL, CRUEL, AND OFTENTIMES INTIMIDATING MESSAGES INTENDED TO INFLAME, INSIGHT, OR ENRAGE);
“HAPPY SLAPPING” (RECORDING PHYSICAL ASSAULTS ON MOBILE PHONES OR DIGITAL CAMERAS, THEN DISTRIBUTING THEM TO OTHERS);
"TROLLING” (DELIBERATELY AND DECEITFULLY POSTING INFORMATION TO ENTICE GENUINELY HELPFUL PEOPLE TO RESPOND (OFTEN EMOTIONALLY), OFTEN DONE TO PROVOKE OTHERS);
"EXCLUSION (INTENTIONALLY AND CRUELLY EXCLUDING SOMEONE FROM AN ONLINE GROUP)."...The plan is to extend two existing areas of law: "stalking in the third degree" will now include cyberbullying, and "manslaughter in the second degree" will be expanded to "include the emerging problem of bullycide...If I say something to someone and they then go commit suicide, should I be guilty of manslaughter? Do the folks behind this not realize that this doesn't help prevent suicides, but it encourages them in giving people who are upset by something someone said extra incentive to kill themselves to "get back" at the person who was mean to them...It does not require that the person accused of cyberstalking initiate the activity, it does not require intent to harm or frighten, and a single message can be a cause of action. Think about that for a second. Someone could send you a message, you could do a single reply with no ill will or bad intent... and be guilty of the crime of cyberstalking...If we don't let you into the club, it's now a form of cyberbullying? It makes you wonder what happened to these particular Senators when they were kids...Do the folks writing this bill not realize how widely this will be abused?"
Read the full report of the proposed NY law here:
http://www.nysenate.gov/files/pdfs/final%20cyberbullying_report_september_2011.pdf
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