NY State Senators Say We've Got Too Much Free Speech; Introduce Bill To Revise 1st Amendment

Source

We've been pointing out a variety of attempts to push back on the First Amendment lately. One fertile ground for such attacks are local politicians carrying the "cyberbullying" banner, in various attempts to magically outlaw being a "jerk" online, usually by making it illegal to offend someone online. Of course, making someone's action illegal based on how someone else feels about it is all kinds of crazy. It also would seem to violate the very principles of the First Amendment, which bar Congress (and local governments) from passing any laws that take away one's right to free speech.

In the past, lawmakers pushing these laws have tended to simply ignore the First Amendment issue, and focus on screaming "protect the children!" as loudly as possible (never mind the fact that kids seem much less concerned about "bullying" than all these adults seem to think). However, it appears that some state Senators in NY are trying a new line of attack: going directly after the First Amendment and suggesting that current interpretations are way too broad, and it's not really meant to protect any sort of free speech right. In fact, it sounds as though they're trying to redefine the right to free speech into a privilege that can be taken away. Seriously:
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.

Free speech is a privilege?

These are crazy times we are living in. How government can make their own rules and enforce them without any say from the public is insane. The US was built on free speech and now it is being considered a privilege and not a right?

I hope this bill does not come to pass, or there will never be any protests. Although on the flip side, if everyone ignored it and kept talking there is not enough jail cells for everyone.

Any thoughts?

Pred...

They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

Sounds like wall street is putting the pressure on their bought and paid for tools. Let New York pass this and see how fast the supreme court slaps it down.

Originally posted by DarthMuerte
They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

That's a case of the individual site choosing rules and not the government setting static laws which govern online behavior across the board. You can pick a different site if you don't like the rules here. No one forces you to use this site and when you violate the rules on this site you aren't charged with a crime.

Originally posted by DarthMuerte
They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

There are very few forums where freedom of speech is allowed. When you joined this site you agreed to follow certain terms and conditions when you and everyone else agreed to this you gave up your right to freedom of speech.

Originally posted by buster2010

Originally posted by DarthMuerte
They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

There are very few forums where freedom of speech is allowed. When you joined this site you agreed to follow certain terms and conditions when you and everyone else agreed to this you gave up your right to freedom of speech.

I am not disagreeing with you, just stating that this is already happening. Government is not the only force trying to control our thought processes.

reply to post by DarthMuerte


A website is not a democracy.

Originally posted by DarthMuerte

Originally posted by buster2010

Originally posted by DarthMuerte
They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

There are very few forums where freedom of speech is allowed. When you joined this site you agreed to follow certain terms and conditions when you and everyone else agreed to this you gave up your right to freedom of speech.

I am not disagreeing with you, just stating that this is already happening. Government is not the only force trying to control our thought processes.

No one is trying to control your thought process here if you don't like a thread don't click it if you don't like the person posting put them on your ignore list. And if that doesn't solve your problems well the log out button works.

Where's the bill?

This is just a think tank report. Granted, legislation is often based off of these.. But this is no bill.

The article does not reference the bill's name. Where's the bill?

reply to post by predator0187



I may be wrong but isnt any senator the votes for that bill GUILTY OF TREASON for attacking the Constitution of the United States?

If it is, they I would be more than happy to tell them that they have been found guilty of treason and throw a block party when they are executed for treason.

plus a question, do we have the right, other than the elections, to FIRE politicians like these anti-american treasonous trash?

reply to post by Thestargateisreal


Neither is the USA! The USA is a Constitutional Republic. A Democracy is two wolves and a lamb deciding what to have for lunch; a Republic is a well-armed lamb...

Originally posted by DarthMuerte
They do that here on ATS, where is your outrage then? People are constantly punished for offending their fellow poster. You are only allowed a different opinion within accepted parameters.

did you ever really think free speech meant you could say anything, anytime, anywhere without being held responsible?

ATS isnt a public forum, it's a privately owned and operated website.

Think of it as someone's home and you are the guest.

Actually, you can say anything you like, but break the house rules and the owner may ask you to leave.
It's called manners.

Freedom of speech was added to the constitution so you as a citizen, as well as the press could speak their opinions of the government without action by the state.

You have free speech here at ATS. You won't get arrested for speaking your mind, ....maybe asked to leave, but not arrested.

People talk of free speech like they should be allowed to freely say anything anywhere without any reprisal, but that isn't reality, never was, and never will be.

Our founding fathers didn't want or believe that either.

They would shoot you for insulting their wife.

President Andrew Jackson had about 13 duels, most over comments made about his wife.

Please take the time to read the constitution in context.
It's an amazing document that should hold more water today than the day it was written.

reply to post by BadNinja68


Some form, perhaps nonlethal, of the duel, should be brought back... Then the politicians would have a better reason to do right by the people. They don't want their schedule overwhelmed with duels, now, do they?? haha

reply to post by BadNinja68


Some form, perhaps nonlethal, of the duel, should be brought back... Then the politicians would have a better reason to do right by the people. They don't want their schedule overwhelmed with duels, now, do they?? haha

The first amendment was written in such a way, that there is no legal way of changing it. It was done so purposely.

People should really take the time to read this bill. This is the future of "our internet" at stake, nothing less. While this may sound very well-meaning the implications are the end of free speech and expression.
I do not doubt there is an agenda behind this as I've seen story after story on the MSM touting the danger of cyberbullying leading to *gasp* bullycide, a lovely new term describing those driven to suicide over the posting of online words and images.

Before I go further I already know of someone who has been terribly affected by the contents of an electronic text. Somebody I know lost their job simply because someone filed a harassment complaint against them. They were arrested while at work and taken away in handcuffs.
It didn't matter that the judge threw out the case over lack of evidence. This person lost their means of making a living simply because someone who was aware of the employer's policies wanted to get at them and filed a complaint! I just wanted to point out the potential for abuse that exists with policies and laws that are supposedly created to "protect the public".

Citing 12 examples of children committing suicide over such causes as if to imply there is a "major epidemic" of online bullying, a child is still far more likely to die from being struck by lightning or falling in a bathtub, our protectors of the children feel action must be taken in legal fashion to combat the problem. Never mind that in only one of these instances was it ever proven that there was a direct, causal link between online comments or pictures and the suicide of the child. I'm not making light of children committing suicide, it is a huge problem in America today and to me it is indicative of something far larger and more dangerous in scope than just online bullying. Many are in genuine despair and given their daily diet of media induced fear and negativity it's small wonder that even more people don't kill themselves, but I digress.

Reading through the text of the bill here's what struck me (the all caps is actually 22 pages of the bill!):

THE OLD SAYING, “STICKS AND STONES MAY BREAK MY BONES,” IS NO LONGER APPLICABLE IN THE TRADITIONAL SENSE, AS THE POWER OF THE INTERNET HAS CHANGED THE REACH, LONGEVITY, AND FORCE OF THE WRITTEN WORD. ESPECIALLY IN CASES WHERE IT IS INTENDED TO CAUSE PSYCHOLOGICAL AND EMOTIONAL DISTRESS, WORDS CAN NOW DO MORE THAN JUST HURT THE OTHER PERSON – “THEY CAN KILL.”29

That's right, words can kill. Who needs guns? I have a Dictionary! Muahaha! People are going to be dropping like flies once I find those magic killing words.

They cite:

WHILE THIS LATEST STUDY HAS FOCUSED ON THE IMPACT OF CYBERBULLYING ON LGBT AND ALLIED STUDENTS

Allied students? Sounds very scientific to me.

There is a very real danger here, a danger of speech being turned from a right into a privilege. They can probably sell this to Congress too under the guise of protecting the children. This creeping socialism is inculcated through our schools to begin training our young to be "good citizens of the state" rather than fulfilling their individual potential as human beings. This is simply one more incremental step in making everyone accept the idea that speech must be monitored and that certain modes of expression can not be tolerated.

This will open the floodgates and our courts will be overwhelmed with people seeking damages for any and all online communications that they feel can be sold to juries as "emotionally hurtful" or causing a "loss of self-esteem", "inflicting fear" etc, etc.
The reality is that laws already exist on the books to address these very issues of libel, online impersonation, defamation of character and stalking. Of course lawmakers view these as opportunities to appear to be working hard and protecting their constituents by passing new laws whether they are merited or not, PR is critical to their very existence and their ability to be re-elected.

Hate speech and cyberbullying laws are insidious pieces of legislation that will effectively end freedom of speech, the press and electronic communications while making politicians and special interest groups look good for the cameras. So this is how the Republic ends - to thunderous applause.

reply to post by predator0187


Well....... Sucks to be an American i guess.
2nd

A cyberbullying law?

You want to buy a vowel?

G _
F _ c k
Y _ _r s _ l f

Originally posted by Asktheanimals
People should really take the time to read this bill.

I would if I could find it. What you quoted is just a paper report, not a bill.

And who are the senators? They're State Senators and they have just put forth an opinion.

Not that I agree with them, but I'm wondering if this isn't being made into more than it is... Not enough information.