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April 10, 2007 | Comments: (0)
Judge: Even MySpace speech protected
Political speech is just that -- even if in MySpace, an Indiana court ruled today.
Odd. Why would there be any First Amendment test just because it is speech on MySpace?
From the Associated Press report:
The three-judge panel on Monday ordered the Putnam Circuit Court to set aside its penalty against the girl, referred to only as A.B. in court records."While we have little regard for A.B.'s use of vulgar epithets, we conclude that her overall message constitutes political speech," Judge Patricia Riley wrote in the 10-page opinion.
This makes me wonder, if newspaper publishers do not understand online, do judges? In other words, how could the earlier judge have made such an obviously wrong (unconstitutional) decision? And given so, what would happen if the same thing occurred with text messages (SMS) or viral video, sent to all the schoolkids' cell phones?
Is this just an example of technology ahead of the courts, or a judge who does not understand free speech rules? Talk back to me, below.
Posted by Mike Barton on April 10, 2007 03:37 PM
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If she was not speaking as herself, then she ought to be judged as an adult would be, although sentenced as a juvenile.
If she fessed up to what she said: it was obvious who said it, it was anonymous, or not attached to a specific identity, then let her humiliate herself with brainless vulgarity or be a coward. It is, or should be the writer's/speaker's responsibility to be aware of and deliberate about clarity of identity.
It sounds as if the court was on top of this. Generally if they're not, someone teaches them how it works, probably a contractor who gets paid $6000 for showing up....
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