Should we criminalize Daily Kos?

Or Free Republic, for that matter?  Well, Linda Sanchez (D) thinks it might be a good idea.

(a) 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 to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.

So, let me see if I understand this.  If I go onto Daily Kos and start accusing the posters of being godless communists bent on destroying the USA, using withering inflammatory insults ("severe" and "hostile"), and I do so in a "repeated" manner, then according to Sanchez I should be thrown in jail.

Of course the intention is to stop 'cyber-bullying' among kids.  But here is a pretty obvious case where the proposed action upon the intention will have significant unintended consequences that threaten everyone's liberty.

H/T: Corner, Volokh

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Ya. is stupid.

particularly when we already have laws about emotional harrassment.

Exactly . . .

n/t

Huh?

If I go onto Daily Kos and start accusing the posters of being godless communists bent on destroying the USA, using withering inflammatory insults ("severe" and "hostile"), and I do so in a "repeated" manner, then according to Sanchez I should be thrown in jail.

Of course not.  But save the replies.  They should be priceless.

Was there a reason for this post?

yes. somebody passed a dumb, dumb law.

both kos and chemjeff are busy ripping on the stupidity of the whole shebang.

There's a basic concept of good government to be distilled here...

"Don't Make Laws because Somebody Is Crying!"

 

Now, if anyone is smart enough to figure out how to write a bill that would forbid this sort of stupidity, I'm all ears.

My .02 cents:

1. If a law is borderline unconstitutional, mandatory waiting period (cool down time) of a year or two.

2. Legislature should assess unconstitutionality of laws, and how much the current law covers the problem.

3. Legislatures should address how often a law is likely to be used. After all, passing a law against leading elephants around with ropes is... just unnecessary. But laws that will put significant burden on law enforcement ALSO deserve consideration.

4. Does X bill encourage frivolous litigation (I'm not saying that this one does, per se...)?

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