
How do you cope with "cyberstalking"? Do you ignore your offenders, block them, or file a law suit against them? These were the choices presented to Alyce Zeoli, a Buddhist leader based in Maryland, as reported by Somini Sengupta in the New York Times. Zeoli received over 8,000 harassing messages via Twitter from a disgruntled former member of her Buddhist group, William Lawrence Cassidy.
The case filed against Cassidy walks a fine line. Should Cassidy’s actions be considered harassment or be protected by his right to freedom of speech.
The rapid introduction of social media into today’s society leaves many cases such as this open ended. An important decision must be made in this case. Should posts on social media sites such as Twitter be seen as printed material or viewed as free expression much like a speaker on a soap box.
If Cassidy’s tweets are viewed a print material, New York Times v. Sullivan comes to mind as Zeoli is considered by many a public figure. If twitter is deemed a digital soapbox, Chaplinsky v. New Hampshire. In both cases, I think Mr. Cassidy’s defense team has its work cut out for it as it seems malice should be easy to prove given the nature of the harassing tweets.
As US Supreme Court Justice Stephen Breyer outlines in his book Active Liberty, liberty must expand and contract as society needs. I am very interested to observe the outcome of Mr. Cassidy’s trial as it will help shape the interaction between social media and the First Amendment.
The case filed against Cassidy walks a fine line. Should Cassidy’s actions be considered harassment or be protected by his right to freedom of speech.
The rapid introduction of social media into today’s society leaves many cases such as this open ended. An important decision must be made in this case. Should posts on social media sites such as Twitter be seen as printed material or viewed as free expression much like a speaker on a soap box.
If Cassidy’s tweets are viewed a print material, New York Times v. Sullivan comes to mind as Zeoli is considered by many a public figure. If twitter is deemed a digital soapbox, Chaplinsky v. New Hampshire. In both cases, I think Mr. Cassidy’s defense team has its work cut out for it as it seems malice should be easy to prove given the nature of the harassing tweets.
As US Supreme Court Justice Stephen Breyer outlines in his book Active Liberty, liberty must expand and contract as society needs. I am very interested to observe the outcome of Mr. Cassidy’s trial as it will help shape the interaction between social media and the First Amendment.