05/16/2008
Alan S. says:
Wow, this totally sucks. What a fucking waste.
Here's my take on this deal:
A) The mom who created this mess is definitely screwed up. Probably not criminally insane, but have some severe personality and emotional issues. She needs some serious psychiatric care *and* to be removed from society. People with a complete lack of reguard for other humans are a danger to everyone, either actively or passively, as we've seen here.
B) Shannon has one point of note: The parents of the girl who killed herself are not without some liability in this matter. How many times have the schools, the TV networks, the magazines, the newspaper, and the websites all said: "Pay attention to what your children are doing online." ? -- About a billion. Yes, teens are secretive as hell; I remember being one myself. Nevertheless, the facts remain that parents do have responsibility to know what their kids are doing online to some degree.
If it turns out that the parents of the dead girl made no effort whatsoever (as is often the case) to be aware of their daughter's online activities, then I feel like they share some of the liability. Not as much, but a some.
C) This "ban online bullying" concept could have far-reaching implications to Free Speech above and beyond the limits of this kind of case. This could easily get blown way out of proportion and abused by attourney with amazing ease if applied to over-18 forums such as this one. Consider this: some dickhead question-mark face gets on here and posts some stupid as rant about how he loves to fuck hot asian women. Thus, everybody blasts him. He comes back and gets blasted again.
Then two weeks later he commits suicide. Now what? -- We're screwed. Either someone here gets hit with a criminal charge or Yelp gets hit with a massive liability lawsuit.
I think we have to be very careful and specific with any kind of legislation that attempts to ban hostile speech online. Any anti-bullying legislation should, I think, need to demonstrate a sustained, systematic pathern of abuse - simllar to a stalking
or harrassement case. This is a problem that definitely needs to be addressed, but we have to be careful not to create some open-ended legislation that could be used to charge *anybody* with this for making a comment or two in a thread or message base. That could get out of hand really quickly.