News Item: Colorado Supreme Court Strikes Down Electronic Harassment Ban Three Speech-Related Crimes: Cyberbullying Using electronic communication tools to bully someone Cyber- or Electronic Harassment Online harassment (suggests a pattern of behavior more extensive than cyberbullying) Cyberstalking Harassment using electronic communications that creates fear of physical harm or injury Thanks to social media, these behaviors are increasingly a global problem Growing concern about rise in electronic dating violence among adolescents Electronic harassment includes messaging, calling and sending other items to illicit compliance via intimidation and fear tactics; electronic coercion is pressuring a partner to share sexual or illicit messages, pictures or videos; and electronic monitoring is the viewing, listening or reading of messages, images or videos of one’s partner. “We found that at age 12, youth are at risk of engaging in all three forms of electronic dating violence that we studied, and that between 9th and 10th grade—when youth are 15 to 16 years old—the risk of all three domains increases substantially. But we see that risk becomes somewhat constant or perhaps even declines after age 16,” said Elyse Thulin, a doctoral candidate at U-M’s School of Public Health, noting that more research is needed to understand the undercurrents of this decline. Connected homes and the Internet of Things is increasing the potential for this type of behavior These types of behavior can cause or contribute to serious harm for victims, up to and including suicide Children can be perpetrators as well as victims Responses and Solutions Statutory Most states have amended their relevant statutes to include the use of electronic communications to commit these crimes Some states have adopted statutes specifically prohibiting cyberbullying, cyberharassment, and cyberstalking In some states, these behaviors can be either a misdemeanor or a felony With respect to speech, such statutes are a restriction of First Amendment freedoms and as such, are subject to strict scrutiny by the courts In some instances, courts have struck down language in these statutes on the grounds that the phrases or terms used are “unconstitutionally vague and overbroad” Colorado: Supreme Court struck down phrase “intended to harass” Texas: Appellate court struck down a ban on online speech “intended to and reasonably likely to annoy” Corporate Terms of Service Site Behaviors Mute/Block Limiting Responses Unmentioning Litigation Lawsuits seeking damages for intentional infliction of emotion distress, invasion of privacy, etc. From a 1975 decision by the Colorado Supreme Court: Indeed, a fundamental purpose of free speech in our system of government is to debate ideas. These debates may be vigorous and high-minded but may at times devolve into vituperative attacks. “Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects.” But as the Bolles court aptly observed, if such speech could be restricted, “the protection of the First Amendment would be a mere shadow.” Resources - #2022–04–11 Seeking to protect its users from cyberbullying, Twitter is experimenting with a feature to remove tags from mentions https://www.entrepreneur.com/article/424461 - #2022–03–28 Colorado Supreme Court Strikes Down Electronic Harassment Ban https://reason.com/volokh/2022/03/28/colorado-supreme-court-strikes-down-electronic-harassment-ban/ - #2022–02–11 ‘Your digital safety matters to us’: New campaign for protection against electronic harassment, blackmail [Egypt][https://dailynewsegypt.com/2022/02/11/your-digital-safety-matters-to-us-new-campaign-for-protection-against-electronic-harassment-blackmail/](https://dailynewsegypt.com/2022/02/11/your-digital-safety-matters-to-us-new-campaign-for-protection-against-electronic-harassment-blackmail/) - #2021–12–27 Cyberbullying Laws https://www.findlaw.com/criminal/criminal-charges/cyber-bullying.html - #2021–11–08 Electronic dating violence starts as early as 12 https://www.futurity.org/electronic-dating-violence-teenagers–2653102/ - #2021–11–04 E-violence increases through early adolescence but declines as teens become adults https://news.umich.edu/e-violence-increases-through-early-adolescence-but-declines-as-teens-become-adults/ - #2021–09–30 Two Toronto High School students facing charges in electronic harassment case https://wtov9.com/news/local/two-toronto-high-school-students-facing-charges-in-electronic-harassment-case - #2019–08–22 Florida case reveals terrors of cyberstalking https://www.heraldtribune.com/story/special/special-sections/2019/08/22/florida-case-reveals-terrors-cyberstalking/4407314007/ - #2019–08–09 Texas Appellate Court Strikes Down Electronic Harassment Statute https://reason.com/volokh/2019/08/09/texas-appellate-court-strikes-down-electronic-harassment-statute/ - #2017–11–22 Boy, 13, charged with hate crime, electronic harassment after threats and ‘racial statements’ https://www.chicagotribune.com/news/breaking/ct-met-huntley-student-charged-with-hate-crime-for-threats–20171121-story.html - #2017–07–05 Ex-teacher pleads guilty to electronic harassment of high school student https://www.chicagotribune.com/news/breaking/ct-teacher-electronic-harass-buffalo-grove-met–20170705-story.html - #2014–04–15 Man pleads guilty to electronic harassment https://www.news-gazette.com/news/man-pleads-guilty-to-electronic-harassment/article_a8b5a907–0b9a–58ac–8de5-be2ab4fd326c.html - #2010–12–10 Billboard By Human Rights Activists Warns of Electronic Harassment https://www.prweb.com/releases/2010/12/prweb4881944.htm
Show Notes
- News Item: Colorado Supreme Court Strikes Down Electronic Harassment Ban
- Three Speech-Related Crimes:
- Cyberbullying
- Using electronic communication tools to bully someone
- Cyber- or Electronic Harassment
- Online harassment (suggests a pattern of behavior more extensive than cyberbullying)
- Cyberstalking
- Harassment using electronic communications that creates fear of physical harm or injury
- Thanks to social media, these behaviors are increasingly a global problem
- Growing concern about rise in electronic dating violence among adolescents
- Electronic harassment includes messaging, calling and sending other items to illicit compliance via intimidation and fear tactics; electronic coercion is pressuring a partner to share sexual or illicit messages, pictures or videos; and electronic monitoring is the viewing, listening or reading of messages, images or videos of one’s partner.
- “We found that at age 12, youth are at risk of engaging in all three forms of electronic dating violence that we studied, and that between 9th and 10th grade—when youth are 15 to 16 years old—the risk of all three domains increases substantially. But we see that risk becomes somewhat constant or perhaps even declines after age 16,” said Elyse Thulin, a doctoral candidate at U-M’s School of Public Health, noting that more research is needed to understand the undercurrents of this decline.
- Connected homes and the Internet of Things is increasing the potential for this type of behavior
- These types of behavior can cause or contribute to serious harm for victims, up to and including suicide
- Children can be perpetrators as well as victims
- Responses and Solutions
- Statutory
- Most states have amended their relevant statutes to include the use of electronic communications to commit these crimes
- Some states have adopted statutes specifically prohibiting cyberbullying, cyberharassment, and cyberstalking
- In some states, these behaviors can be either a misdemeanor or a felony
- With respect to speech, such statutes are a restriction of First Amendment freedoms and as such, are subject to strict scrutiny by the courts
- In some instances, courts have struck down language in these statutes on the grounds that the phrases or terms used are “unconstitutionally vague and overbroad”
- Colorado: Supreme Court struck down phrase “intended to harass”
- Texas: Appellate court struck down a ban on online speech “intended to and reasonably likely to annoy”
- Corporate
- Terms of Service
- Site Behaviors
- Mute/Block
- Limiting Responses
- Unmentioning
- Litigation
- Lawsuits seeking damages for intentional infliction of emotion distress, invasion of privacy, etc.
- From a 1975 decision by the Colorado Supreme Court:
- Indeed, a fundamental purpose of free speech in our system of government is to debate ideas. These debates may be vigorous and high-minded but may at times devolve into vituperative attacks. “Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects.” But as the Bolles court aptly observed, if such speech could be restricted, “the protection of the First Amendment would be a mere shadow.”
- Resources - #2022–04–11 Seeking to protect its users from cyberbullying, Twitter is experimenting with a feature to remove tags from mentions https://www.entrepreneur.com/article/424461 - #2022–03–28 Colorado Supreme Court Strikes Down Electronic Harassment Ban https://reason.com/volokh/2022/03/28/colorado-supreme-court-strikes-down-electronic-harassment-ban/ - #2022–02–11 ‘Your digital safety matters to us’: New campaign for protection against electronic harassment, blackmail [Egypt][https://dailynewsegypt.com/2022/02/11/your-digital-safety-matters-to-us-new-campaign-for-protection-against-electronic-harassment-blackmail/](https://dailynewsegypt.com/2022/02/11/your-digital-safety-matters-to-us-new-campaign-for-protection-against-electronic-harassment-blackmail/) - #2021–12–27 Cyberbullying Laws https://www.findlaw.com/criminal/criminal-charges/cyber-bullying.html - #2021–11–08 Electronic dating violence starts as early as 12 https://www.futurity.org/electronic-dating-violence-teenagers–2653102/ - #2021–11–04 E-violence increases through early adolescence but declines as teens become adults https://news.umich.edu/e-violence-increases-through-early-adolescence-but-declines-as-teens-become-adults/ - #2021–09–30 Two Toronto High School students facing charges in electronic harassment case https://wtov9.com/news/local/two-toronto-high-school-students-facing-charges-in-electronic-harassment-case - #2019–08–22 Florida case reveals terrors of cyberstalking https://www.heraldtribune.com/story/special/special-sections/2019/08/22/florida-case-reveals-terrors-cyberstalking/4407314007/ - #2019–08–09 Texas Appellate Court Strikes Down Electronic Harassment Statute https://reason.com/volokh/2019/08/09/texas-appellate-court-strikes-down-electronic-harassment-statute/ - #2017–11–22 Boy, 13, charged with hate crime, electronic harassment after threats and ‘racial statements’ https://www.chicagotribune.com/news/breaking/ct-met-huntley-student-charged-with-hate-crime-for-threats–20171121-story.html - #2017–07–05 Ex-teacher pleads guilty to electronic harassment of high school student https://www.chicagotribune.com/news/breaking/ct-teacher-electronic-harass-buffalo-grove-met–20170705-story.html - #2014–04–15 Man pleads guilty to electronic harassment https://www.news-gazette.com/news/man-pleads-guilty-to-electronic-harassment/article_a8b5a907–0b9a–58ac–8de5-be2ab4fd326c.html - #2010–12–10 Billboard By Human Rights Activists Warns of Electronic Harassment https://www.prweb.com/releases/2010/12/prweb4881944.htm
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