A bill introduced in the U.S. House of Representatives last month, the “Megan Meier Cyberbullying Prevention Act,” is causing quite a stir among free speech advocates. The story of Megan Meier—a teenager who killed herself after allegedly suffering “cyberbullying” by neighborhood mother Lori Drew, who reportedly impersonated a teenage boy online—is very sad. Unfortunately, the bill named after her would cause very disturbing damage to freedom of speech online.
FOXNews.com has a story that quotes UCLA professor, blogger, and FIRE friend Eugene Volokh on why the bill’s vastly overbroad definition of online harassment is problematic:
Even Sanchez’s attempt to define the term “cyberbullying” poses problems, said UCLA law professor Eugene Volokh.
“The bill defines it as ‘using electronic means to support severe, repeated and hostile behavior,’ but what does ’severe, hostile and repeated behavior’ mean?” he asked.
“I’ve written articles opposing the bill that have appeared online. That’s electronic and—because I’ve written a few of them—repeated. I was also severe and hostile in my criticisms. Under her law, I can now go to jail.”
The whole story is worth a read, as is the bill itself.
Under this law, Sarah W. and those of us who wrote to deplore her tormentor’s actions, even whilst opposing any draconian reaction that would squelch online speech, could be subject to criminal prosecution for speaking out against “cyber-bullying.” Hope! Change! In fact, there is nothing in the law that would protect me, for instance, from being prosecuted for my two posts yesterday regarding Joe Klein’s manifest idiocy.
Comment by SDN on 5/21 @ 6:41 am #
This is a typical Democrat law, sort of like the Fairness Doctrine or gun control: if they need an excuse to bust you, they have one. Of course, it won’t ever be enforced on the LEFT sort of people……
Comment by Joe on 5/21 @ 7:14 am #
Yet at the same time, Ace reports on the chill wind blowing through America, denying artistic expression.
Comment by Alec Leamas on 5/21 @ 7:18 am #
The degree of Lefti-ness of a Law can generally be ascertained from the number of fine fellows who signed the Constitution that it would have imprisoned.
We all know how this is going to be applied – some poor fellow will stumble on to one of your favorite Lefty blogs, post under a nom de plume that someone with a penis isn’t a woman, no matter what, and he’ll be hauled into some criminal Court half-way across the Country and made into an example.
What is even more depressing than the willingness of some lawmakers to enact such a law is the fact that I have no faith in the judiciary to call out the law as Unconstitutionally overbroad.
Comment by Bob Reed on 5/21 @ 7:22 am #
“The degree of Lefti-ness of a Law can generally be ascertained from the number of fine fellows who signed the Constitution that it would have imprisoned.”
-Excellent observation, sir…
Comment by Pablo on 5/21 @ 7:39 am #
Andrew Sullivan, call your office for a message from the FBI.
Comment by The Monster on 5/21 @ 7:44 am #
What part of that is hard to understand?
Comment by The Monster on 5/21 @ 7:45 am #
Note that it doesn’t say “Congress can go ahead and make a law, and then have the Supreme Court rule it unconstititional.” It says “Congress shall make no law….”
Comment by Alec Leamas on 5/21 @ 7:49 am #
I think you are mistaken if you really believe that the Unconstitutionality is not the intended effect of the law. It’s sort of the point of it.
Comment by Kevin B on 5/21 @ 7:51 am #
I must admit that I haven’t studied the law closely, but doesn’t it mean that if you’ve been convicted of cyberbullying you’re not allowed to twitter within five miles of a lefty blog.
(Though I think the conviction part may be optional).
Either that, or you can go to jail for beating up Dr Who villains.
I can understand why judging is such a stressful job.
Comment by Abe Froman on 5/21 @ 7:51 am #
We all know how this is going to be applied – some poor fellow will stumble on to one of your favorite Lefty blogs, post under a nom de plume that someone with a penis isn’t a woman, no matter what, and he’ll be hauled into some criminal Court half-way across the Country and made into an example.
The good thing is that liberal fucktards fully embrace the notion that there are no enemies to the left. So you’re perfectly safe referring to while demanding violent revolution. Then it’s cute or something.
Comment by Abe Froman on 5/21 @ 7:55 am #
Huh? That should have read … So you’re perfectly safe referring to Michelle Obama’s manatomy so long as you rail against her $540 sneakers while demanding violent revolution. Then it’s cute or something.
Comment by Rob Crawford on 5/21 @ 7:57 am #
I think they stumble over the “Congress shall make no law” part. It’s all they know how to do, so an injunction to not do it makes no sense to them.
Comment by Blacque Jacques Shellacque on 5/21 @ 9:03 am #
Wasn’t it said that any law passed that is named after a victim typically ends up being bad law?
Comment by The Monster on 5/21 @ 9:20 am #
Exactly, Blacque.
“Hard cases make bad law.”
Take the Brady Bill. Please.
Comment by Andrew the Noisy on 5/21 @ 11:33 am #
Precisely.
That flaming gasbag Lori Drew does not need a law to be punished. Loss of social standing was more than adequate to deal with such miscreants back in the day. It could be so again if we stopped sucking on Nanny’s teat long enough to develop our own responses to reality.
This is a little platoon operation.
Comment by Great Mencken's Ghost! on 5/21 @ 1:23 pm #
“The bill defines it as ‘using electronic means to support severe, repeated and hostile behavior,’ but what does ’severe, hostile and repeated behavior’ mean?†he asked.
Paging Arianna Huffington…
Comment by Sammy on 5/21 @ 2:28 pm #
Ah, congress is hard at work solving the pressing problems of our time again. Nitwits.
Comment by SarahW on 5/22 @ 8:17 am #
This proposed law is so shockingly, obtusely drawn it boggles. It has nothing much to do with the Megan Meier case or the subtle, evil scheme of an adult to punk a child to gain advantage over the fooled child.
it is so typical of congress critters to try to crush a fly with a steam-shovel and miss.
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