AZ Bill That Could Criminalize Some Online Speech Being Revised Over Censorship Fears
- Posted on April 5, 2012 at 9:50pm by
Liz Klimas
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Earlier this week, an Arizona bill that passed in both the House and Senate was strongly criticized for seeking to make it illegal to use obscene language or threaten harm to people or property using electronic devices. Opponents to the bill said the language was too broad and believed it would lead to Internet censorship. Legislators supporting the bill said intent behind the words used would decide the legality of them and therefore would not hamper free speech.
(Related: Anti-troll or censorship? AZ bill would criminalize harsh words on the Web)
Still, opposition was so strong that sponsors have said the bill will undergo clarifications before it attempts to earn the governor’s signature again. Arizona House Bill 2549, prior to revisions, states:
“It is unlawful for any person [with intent to terrify, intimidate, threaten, harass, annoy or offend] to use a any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.” [Emphasis added]
The Huffington Post reports free speech experts saying the proposed bill in its current form would violate First Amendment rights because of its vague definitions of what speech would be considered illegal:
“It could sweep a lot of potentially protected speech into the criminal sphere. I’m not sure what ‘obscene,’ ‘lewd’ or ‘profane’ language is. Does that mean the law can be used to prosecute someone who forwards a bad joke?” said Roy Gutterman, the director of the Tully Center for Free Speech at Syracuse University. “The risk is that this heightened sensitivity can chill speech and cause people not to express themselves the way they might want to express themselves, even if it might offend someone.”
Earlier this week, Karen Winfield, assistant to state Sen. Sylvia Allen, explained in an email to the Blaze that most bad jokes would not be considered illegal. Here’s what she wrote:
Sometimes people do make threats over the phone or Internet with friends or family, as in, “I will break your neck if you aren’t home by 10 p.m.” Is that illegal? No. Why? Because of the qualifier — “with the intent to terrify, intimidate, threaten, harass, annoy or offend.” The qualifier is the lynchpin that narrows down what is illegal to the actions of stalkers and harrassers.
The Huffington Post goes on to reports the bill’s sponsor Ted Vogt saying legislators intend to amend the bill to clarify that for some speech to be considered illegal, it would need to be in cases where “an individual is targeting another specific individual or group of individuals [...] coupled with a course of conduct.” Here’s more from another legislator explaining the intent of the bill:
Rep. Steve Farley (D-Phoenix), a co-sponsor of the bill, said that the proposed legislation offers a much-needed defense against threatening speech online and would be used primarily in domestic abuse cases.
“I know people are focusing on unintended consequences of the bill, but I don’t think that’s realistic,” Farley said. “I think this is a wakeup call that we should be civil online and in society in general. I don’t think it’s right we should ever be able to threaten violence against each other online.”
CNN clarified Vogt saying for the speech to be considered illegal it would need to be ”unwanted or unsolicited.” He also said it would not apply to comment sections or forums such as Facebook walls, which many have been concerned about since news of the bill hit:
“With Facebook, you’ve got control over who your friends are,” he said. “So if somebody is threatening you and you never de-friend them then you’re not controlling it. You’re inviting people to comment freely on your Facebook page. You can de-friend them and you can end the problem there.”
Comments sections are the same, he said, since websites don’t have to invite people to comment and can take down those sections if they are worried about threats.
The comments section on sites like The Blaze are a popular forum for discussion on specific topics.
Legislators supporting the bill have explained it is updating a pre-existing anti-stalking law to include new forms of electronic devices used in modern day — prior to this the bill only specified “telephones.” Even with the expected amendments to the updated bill, some are still concerned with broader implications. One of these is enforcement issues of electronic communication being sent into Arizona from sources outside of the state.
As of this posting, suggested the bill had not been updated to reflect reported revisions.
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Comments (53)
Kerstile
Posted on April 6, 2012 at 9:46amThis bill essentially outlaws laughter. If someone posts something I believe idiotic and I reply with “hahahahaha!”, I can be fined and arrested.
Report Post »Marengo Ohio Patriot
Posted on April 6, 2012 at 10:38amhahaha
Report Post »ldaopines
Posted on April 6, 2012 at 4:01amI’m sorry, but I live here in AZ and I’m appalled that a conservative legislature could even pass something like this in the first place. Usually it’s the left threatening free speech rights. I mean, with the way this was written, GBTV via internet into AZ or Roku could get charged for “offending” and using lewd (whatever that would mean) language. Or I could get 6 months in the slammer for someone’s “interpretation” of a comment on a message board like this. In fact, with a law like this, I wouldn’t risk posting AT ALL.
We need to make sure that our free speech rights are protected. I realize that the intent here was bullying/stalking, but GEEEZ! Think about the implications of what you’re passing. I’m writing and calling these guys, including Brewer. Don’t help Progressives!
Report Post »Diego Roswell
Posted on April 6, 2012 at 11:32amMore unintended consequences from lawmakers run amuck. The list is endless.
Report Post »Nasado
Posted on April 6, 2012 at 3:14pmI hope you find out every single person (both R & D) who supported this bill and get them out of office. There is absolutly no room in our government for people who would so willingly destroy the freedoms of the people.
Report Post »lukerw
Posted on April 6, 2012 at 3:30amI have ^^^^^^ Tourette Syndrome and ^^^^^^^ alike in AZ drive me ^^^^^^^ ^^^^^^^ with their ^^^^^^^ ^^^^^^^ ^^^^^^^ :)
Report Post »suz
Posted on April 6, 2012 at 3:20ampeople, today, are brought up w/out a spine … no backbone. if they get a strange look they fall apart. they can’t handle criticism so they shrivel up in fear because they are so protected by lefty coddling laws or lefty coddling mothers OR they fill up w/attitude because they don’t want to know the critique they are receiving would benefit them.
the people today could never fight a revolution like the people of our american revolution. no way. people today are big little babies, constantly whining and complaining that someone did something to them.
you can call me any name you want, it will go right through me — you don’t know me. you can’t hurt me at all for your words mean nothing to me and i will surrender no power unto you because you called me some name — i have a backbone. i have a backbone to call you a name
if you know me, you know i am a truth seeker, a truth teller. lie to me and i will make you feel small UNLESS you have intellectual honesty, admit the flaw and try to be better. then, we will end up being great friends.
Report Post »ldaopines
Posted on April 6, 2012 at 4:10amUnfortunately the AZ legislature that passed this in the first place has Republican Majorities in both houses…so it isn’t “lefty coddling”. I hate defending the left.
According to the post 2010 count and Wikipedia, the party breakdown in the Arizona Legislature is currently as follows:
Senate: 21 Republicans, 9 Democrats
House of Representatives: 40 Republicans, 20 Democrats
I can understand going after stalkers, but not by curtailing my free speech rights. They didn’t think this one through.
Report Post »soybomb315
Posted on April 6, 2012 at 7:41am@LDA
Report Post »That’s why its not good enough to just vote republican. we have to examine the politicians – and remove the republicans who are not faithful to the constitution
OhSuzieQ
Posted on April 6, 2012 at 8:53amSuz, I’m with ya all the way! Yeah!
Report Post »Brooke Lorren
Posted on April 6, 2012 at 2:31amIf a version of this bill passes so that people are not allowed to annoy or offend people electronically, I already plan on defying this law by giving out the gospel, and encouraging anybody who is offended my my speech to turn me in. I’m willing to bet that the Alliance Defense Fund would defend me.
Report Post »Guitar Master
Posted on April 6, 2012 at 2:00amzzzzzzzzzzzzzzzzzzzz
From THE REPORTER
zzzzzzzzzzzzzzzzzzzz
When Jan Brewer vetoed the law that the Arizona legislature passed that required everyone running for public office to verify their identity, her true colors were shown. She is just one more crony politician that is in lock step with the present administration. She says one thing and does another, she talks the talk but doesn’t walk the walk.
The very fact that Brewer, who is nothing more than a rank amateur, is against Sheriff Arpaio’s efforts to investigate the fraudulent Presidential birth certificate and draft registration, should tell you who she really is. . . . a wolf in sheep’s clothing !!
Folks, there is one answer that will solve the problems we have with a government that is completely useless and they are called RECALL ELECTIONS !
Let us repeat that. . . . RECALL ELECTIONS !
And one more time now. . . . RECALL ELECTIONS !
Nobody said this was going to be easy !
Report Post »MeteoricLimbo
Posted on April 6, 2012 at 12:40amSticks and stones…elementary
Report Post »BeingThere
Posted on April 6, 2012 at 12:27amEvery idiot that voted for this should resign immediately!!!!
Report Post »Smokey_Bojangles
Posted on April 6, 2012 at 12:33amSo I Could not type,If Janet Brewer signs this in to law,she is nothing but another Obama Leftist Control Freak.Or I Could not even go to Janet Brewer’s facebook page and type,”Obama Sucks,” because it could be deemed Offensive.When She posts something Critical Of The Commie In Chief on her facebook page she would be breaking the law.
Report Post »wntsmallgov
Posted on April 5, 2012 at 11:53pmSlowly the sheep are led to the holding pens for slaughter
Report Post »Netsurfer2
Posted on April 5, 2012 at 11:26pmIt’s so interesting how our government seems to make it impossible for us to have even our constitutional rights! I guess it’s always better not to say anything at all and let them tell you what to do? After all, there is no other way out but to let everyone dictate to you in what you can talk and how you can walk in life! I could probably get more freedoms in China than I could here? I’m so sick of all the regulations we have! What we need is less government (less lawyers)!
Report Post »Taldren
Posted on April 5, 2012 at 11:20pmTrying to legislate morality is lunacy. It didn’t work for prohibition, it isn’t working in the so-called “war on drugs”, and it most certainly isn’t going to work in this case.
Report Post »ldaopines
Posted on April 6, 2012 at 4:21amYou’re right. Morality can’t be legislated, nor can decency, politeness, charity, hard work, individual responsibility, or fidelity. That is precisely why our Judeo-Christian values, which were once shared by our ancestors, must be reintroduced and taught by parents, books, and churches. Even books like Aesop’s Fables taught us “the moral of the story”. Where are these teachings today? This is why you have legislators trying to control bad behavior, and goofing up in the process. We’ve all but destroyed our Christian heritage. We need to get it back. Even if you are an atheist, please recognize the importance…
Report Post »FANGS
Posted on April 5, 2012 at 11:10pmAnother law for Republicans to follow and For the Coloreds ,Obama/Holder,the Socialist, democrats and the Panthers to just IGNORE. They will just continue to threaten, put bounty’s and hate and threaten to kill people on line. Don’t Worrie, Us Republicans won’t post anything online any more,This law will now Require the Republicans to just carry out or act out our Thoughts. Case closed.
Report Post »vehoae
Posted on April 5, 2012 at 10:51pmI’m sure the governor got her fair share of input from people (including those like me who don’t live in Arizona). It remains to be seen what will finally go out under her signature as law. I’d always been an avid supporter of Governor Brewer, until recently. She is not standing in support of Maricopa County Sheriff Joe Arpaio. That speaks volumes about this governor.
Report Post »marine249
Posted on April 5, 2012 at 10:46pmHow thuis for free speech O-BO Is a %$*@ $#%% %$#^ &&^%$ #$%#@ ^%$
Report Post »If you can read that , make something up it will fit.
marine249
Posted on April 5, 2012 at 10:52pmthats CAN’t
Report Post »zoro51
Posted on April 5, 2012 at 10:29pmas americans we need to SUE n stop this BS RAPE of our rights first amend we have is FREEDOM OF SPEECH PERIOD.. we ahve the right to bear arms PERIOD.. this IS bs all those who voted on this RECALL foir they arent looiking into their constituants needs or wants BUT thier OWn.. there is enough ******** form that DAMN SOCIALIST OBAMA n his cronies in the DOJ to ruin america.. now this form az.. IF the govener signs it IM GOING TO RECALL HER….. PERIOD freedom of speech IS just that FREDOM CAPICE
Report Post »SnowKalBebes
Posted on April 5, 2012 at 10:43pm@ Zoro – How is this Obama’s doing? Don‘t beck’s sheeple deride the blame game all the time? I know sometimes it’s hard to keep your talking points in order, but please stop the hypocrisy.
Also, can you imagine how many of beck’s sheeple would get in trouble if this legislation passed?
Report Post »Psychosis
Posted on April 5, 2012 at 10:23pmliberals are always naming a bill to make it sound like its doing something good
when in reality it does something completely different, and is usually just one part of the machine they are assembling
EVERY law the write is like a lego , trying to build their utopia through stealth and lies
Report Post »IndyGuy
Posted on April 5, 2012 at 10:23pmThis has absolutely NOTHING to do with offensive or threatening speech….It is ALL about controlling speech…Sounds like something Obama and the Dems would do…
Report Post »LameLiberals
Posted on April 5, 2012 at 10:21pmMORE anti 1st amendment (free speech) crap from Arizona.
Is anyone surprised. Arizona is where John McCain is from and his signature campaign reform law was gutted by the Supreme Court for being against free speech.
Report Post »soybomb315
Posted on April 5, 2012 at 10:28pmgood point. mccain is the reason we have all this superPAC baloney. i miss the good old days when everything made sense
mccain and romney are apparently two peas in a pod these days
Report Post »THXll38
Posted on April 5, 2012 at 10:17pmThat’s some lame shiz! Come on AZ, you are better than that!
Report Post »Carefreeflyer
Posted on April 5, 2012 at 10:12pmArizona doesn’t need another form of Government control. We need free speech protected. You don’t have a right to not be offended.
Report Post »Stoic one
Posted on April 5, 2012 at 11:04pmSure I do – by turning he television off, the radio, the internet, throwing my wife out ……OH but I cannot get rid of me.
Report Post »In other-words:
Being verbally offended is sheer foolishness.
soybomb315
Posted on April 5, 2012 at 10:05pmwhat – you mean a state cant violate our natural rights? I thought that was the basis for romneycare….
take heed romneycare supporters
Report Post »AllAmericanGirl22
Posted on April 5, 2012 at 10:00pmThe problem? “annoy or offend” as someone who uses the internet a lot, there are a lot of annoying and offensive things said. In fact, today someone posted something that offended me. So what? It happens all the time!
Report Post »shimauma
Posted on April 5, 2012 at 9:59pmSee, this is what happens when libturd californians and minnesotans come to live in AZ. We have a whole passel of RINO libturd prostitutes running our government.
Report Post »Snowleopard {gallery of cat folks}
Posted on April 5, 2012 at 9:57pmThere is one matter being overlooked across the board:
It is the fact that this bill was explained as one thing, an anti-bully legistlation, while it actually was meant to be a form of social control and intimidation for the AZ government to use against our own citizens if it had passed and we got a freak out of a socialist governor and AJ in office.
This is one more method of assault on our society, as Obama and Reid are doing from the top down so at the local levels of community, town, county and state it is being done from the bottom up.
We have dodged this mess for now, how many more will come, and how many have passed already unnoticed until far too late?
Report Post »nzkiwi
Posted on April 5, 2012 at 10:17pmExcellent post, Snow.
Unfortunately there will always be further “nudges” in an attempt to reduce or squash the voices of individuals. The left wing, particularly, hates their attempts to move towards socialism being criticised and/or ridiculed by the average citizen. We can see that with the current case before the Supreme Court.
The only thing to do in the face of such manipulations and attacks on the Constitution is to meet them with staunch, uncompromising resistance every single time.
Socialism, like rust, never sleeps and the price of freedom is eternal vigilance.
Report Post »Banter
Posted on April 5, 2012 at 10:25pmSnow,
I was wondering what the heck happened to AZ. I know you live there, so curious as to your take.
Report Post »soybomb315
Posted on April 5, 2012 at 10:32pmseems like all the problems in AZ are related to the massive illegal immigration flux. it messes with the youngsters and then the parents are paranoid
Report Post »Laus Deo
Posted on April 5, 2012 at 9:55pm**** censorship!
Report Post »Snowleopard {gallery of cat folks}
Posted on April 5, 2012 at 10:00pmThis goes beyond just censorship; it is establishing from the bottom up a socialist-communist system for control, threat, intimidation, coersion via the law, and establishment of power; for when a law is so vague and open to virtually ANY form of interpretation the threat is infinite as the terror it will inspire when someone decides to use it as a means and way of coersion and control.
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