Pictures Of Telephones

TN cyberbullying law draws ridicule

A person commits harassment when he or she threatens, by telephone, in writing or by electronic communication, including, but not limited to, text messages, facsimile transmissions, electronic mail or Internet services, to take action known to be unlawful against any person and by this action knowingly annoys or alarms the recipient. ... As a result of the communication, the person is frightened, intimidated or emotionally distressed.

A new Tennessee cyberbullying law is drawing fire from bloggers, constitutional scholars and commentators, including film critic Roger Ebert, who say it violates free-speech protections.

The move to extend the state’s harassment statutes into the world of Facebook and other social media sites may make it illegal to post images that others find objectionable. The controversy will force the state’s attorney general to determine whether laws written in the days of rotary-dial telephones can be applied to social networks.

“Harassment means different things to different people in different circumstances,” said Eugene Volokh, a constitutional law professor at UCLA.

Volokh started the controversy two weeks ago when he posted a critique of the law on his blog, which is followed in technology and free-speech circles.

The law extends harassment — which was originally meant to combat prank phone calls — to cover images and messages posted on blogs and social media sites. Legislators believed doing so would help police take action against people who use the public forums of social media to deliberately frighten, intimidate or upset others in their networks.

But Volokh said the terms in the state’s harassment laws are vague enough that they could be applied to practically any offensive post. He suggested that Muslims could use the law against those who post pictures of the prophet Mohammed or that political groups could demand the removal of cartoons that lampoon them.

Others have run with the idea from there.

Ebert posted more than a dozen images on his blog that someone theoretically could find distressing, including a Confederate flag and a three-legged woman. MSNBC commentator Rachel Maddow said in a three-minute segment on the law that Tennessee judges could criminalize emails containing cat pictures if they found them objectionable.

The bill, however, passed the legislature with nearly unanimous support. Its main backer in the state House of Representatives, Democratic Rep. Charles Curtiss, said the fears of online commentators are overblown.

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