{"id":24577,"date":"2013-07-05T09:01:35","date_gmt":"2013-07-05T14:01:35","guid":{"rendered":"http:\/\/www.ict-pulse.com\/?p=24577"},"modified":"2013-07-05T09:03:09","modified_gmt":"2013-07-05T14:03:09","slug":"free-lost-efforts-manage-freedom-expression","status":"publish","type":"post","link":"https:\/\/ict-pulse.com\/2013\/07\/free-lost-efforts-manage-freedom-expression\/","title":{"rendered":"Is free will being lost in efforts to manage freedom of expression?"},"content":{"rendered":"

A discussion about freedom of expression and free will, and a possible trend by law enforcement to make pre-emptive arrests well before a crime is committed<\/em><\/p>\n

\"HearIn our last post, Why is Grenada getting so much flak over its Electronic Crimes Act?<\/i><\/b><\/a>, we discussed the proposed Bill to establish offences committed via the Internet or electronically, and paid specific attention to the section that sought to make the sending offensive messages a crime. Due to the attention and criticisms that have been levelled at draft legislation, the Grenada Government has indicated its intention to review the document, and to revise provisions that might be inconsistent with the basic tenets of a democratic society (Source: Caribbean News Now<\/a>).<\/p>\n

However, in other news yesterday, a 19-year old male \u00a0has been in jail in the United States (US) for over four months because of a comment he made on Facebook. Without a doubt, some parallels can be made with that case (which will be summarised below) and section 6 of Grenada\u2019s Electronic Crimes Act on sending offensive messages through communications services. However, there might be a bigger issue to consider: are our societies moving towards the point where what we say unequivocally and conclusively represents what we, as humans, will actually do?<\/p>\n

Pre-emptive law enforcement?<\/h3>\n

Earlier this year, Justin Carter, then18 years old, was arguing with someone via Facebook about the online game, League of Legends. CNN reported<\/a> the following earlier this week:<\/p>\n

His father told CNN that the other gamer called Justin crazy and his son responded with sarcasm.<\/em><\/p>\n

According to court documents, Justin wrote, “I’m f***ed in the head alright. I think I’ma (sic) shoot up a kindergarten and watch the blood of the innocent rain down and eat the beating heart of one of them.”<\/em><\/p>\n

Jack Carter said his son followed the claim with “LOL” and “J\/K” — indicating that the comment wasn’t serious.<\/em><\/p><\/blockquote>\n

Someone, who saw the comments in his\/her news feed \u2013 but not one of the parties involved in the squabble \u2013 contacted the Police, who in turn charged Justin with making terrorist threats. In the state of Texas, where the arrest was made, Justin could be imprisoned for up to eight years if successfully convicted.<\/p>\n

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As can be expected, Justin\u2019s plight is receiving wide support. A petition is being circulated online lobbying for his release from jail. Additionally, the American Civil Liberties Union (ACLU), which has taken an interest in the case, sought to put the matter into context:<\/p>\n

“We are all concerned about safety in our schools, but that’s not what is at issue here,” said Rebecca L. Robertson, legal and policy director for the ACLU of Texas. “The First Amendment protects a person’s speech — even speech that is in poor taste — as long as it is not a true threat.<\/em><\/p>\n

“Justin’s online comment might have been distasteful and thoughtless. But, if the facts as reported are true, his comment is an objectionable joke rather than an actual threat, in which case the Comal County District Attorney is prosecuting protected speech. That’s a dangerous precedent.”<\/em><\/p>\n

Source: CNN<\/a><\/em><\/p>\n<\/blockquote>\n

Is art imitating life?<\/h3>\n

While most of us might agree with the ACLU that Justin\u2019s comments, though allegedly said in jest, were distasteful and thoughtless, his arrest by the Texas Police does not take into account our free will as humans \u2013 the ability to change our minds and make other choices. In that regard, this incident could draw similarities to the movie, Minority Report, starring Tom Cruise, which was released in the summer of 2002.<\/p>\n

Movie synopsis:\u00a0 Set in 2054, Tom Cruise\u2019s character, John Anderson, is a member of a pre-crime police force, whose mandate is to prevent murders before they happen, by arresting the would-be criminals before the murders are committed. However, the question of free will and determinism are explored when the system used to foresee the murders predicts that John Anderson will soon commit a murder.<\/p>\n