Student gets charged for essay (Die Free Speech Die!!! )

[Wiglaf]

Originally posted by Geronimo


what the hell has the fact that it's a private school got to do with being able to press criminal charges on this student?

see part B of my response then

[GePap]

For those wanting to play judge, here is the statute the kid was charged with:

Elements of the Offense.

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

(2) Transmits or causes to be transmitted in any manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

(3) Transmits or causes to be transmitted in any manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or

(4) Transmits or causes to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or

(5) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

(6) While acting as a collection agency as defined in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

(7) Transmits or causes to be transmitted a false report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or

(8) Transmits or causes to be transmitted a false report to the Department of Public Health under the Nursing Home Care Act; or

(9) Transmits or causes to be transmitted in any manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

(10) Transmits or causes to be transmitted a false report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or

(11) Transmits or causes to be transmitted a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or

(12) Calls the number "911" for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

I assume he was chargeed under the vague 1st subsection.

[Geronimo]

Originally posted by Wiglaf


see part B of my response then

makes even less sense. Yelling "fire!" can risk the lives of innocent people. Writing "I have psychopathic fantasies!... hah hah...just kidding!" is not really capable of the same.

[Wiglaf]

Tell that to the kids who were murdered in Virginia tech. That guy wrote crazy, psychopathic, violent plays, you know.

Additionally, yelling "fire" is illegal because it causes a disturbance, not simply because it is a bit dangerous.

[MJW]

Originally posted by Sirotnikov
there's already a thread about it.

http://www.apolyton.net/forums/showt...hreadid=165351

[Kuciwalker]

Yelling "Fire!" falsely is illegal. Duh.

[korn469]

Originally posted by Wiglaf
Tell that to the kids who were murdered in Virginia tech. That guy wrote crazy, psychopathic, violent plays, you know.

Even if they had of successfully prosecuted the Virginia Tech shooter for disorderly conduct over his plays like what they're charging this kid with, it wouldn't have stopped him for legally purchasing a handgun (since it's only a misdemeanor charge) and then still committing the murders. So this is a stupid unreasonable attack on Freedom of Speech.

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or

I find officials' actions unreasonable, and I'm quite alarmed. How do I go about filing charges against them?

[Geronimo]

Originally posted by Wiglaf
Tell that to the kids who were murdered in Virginia tech. That guy wrote crazy, psychopathic, violent plays, you know.

This is your argument? Anything that might have prevented the VT attack must be acceptable? Constitution be damned?

[Will9]

If this kid is put in jailfor this, then any book that depicts violence in a specific location would have to be taken off shelves. There is a book (with a name I can't and haven't read) about Nazis and other racist groups fighting a civil war against America and eventually founding there own state in the Pacific Northwest. It is even believed to have inspired the Oklahoma city bombing. If that isn't disterbing the peace, than neither is this essay.

[Provost Harrison]

Originally posted by Sava
I didn't think it was all that creative.

It could have been completely doggerel, the point still stands though.

[Provost Harrison]

Let us be honest, Oklahoma, Columbine, Virginia Tech are all the result of someone with severe mental illness. The problem lies in the fact that we need to identify these people and sort them out, or at least make them safe. By all means, give the lad psychological assessment to see if there are any major underlying issues. But to punish him for a flippant essay, well, no...

Wiglaf, I can understand your horror at the recent events but alas, this is all part of life. You can't clamp down on everything and wrap everything in cotton wool. You live, you take your chances. And although minimisation of such incidents happen (and we can always learn lessons), there are some lengths we should never go to.

[Nikolai]

Originally posted by Zarn


You really don't get much better. As a matter of fact, most schools don't go above 4.0.

He shouldn't be charged with anything, but it shouldn't be ignored.

Sounds like a weird system. I take it it's a 1 to 6 grade system? We have that in junior high over here, and a 4 is a slightly over average grade. A 6 is the best grade, which is very difficult to get but not impossible if you know your subject.

[chequita guevara]

Originally posted by korn469
So this is a stupid unreasonable attack on Freedom of Speech.

Kids don't have full citizenship rights. The 1st Amendment only fully applies to adults. SCOTUS made that decision back in when I was in high school. One of the myriad list of reasons for my ceasing to be a Republican.

[Nikolai]

SCOTUS? What is that again? Some governmental figure, right? What one learn from Tom Clancy books.

[DinoDoc]

Originally posted by chegitz guevara
One of the myriad list of reasons for my ceasing to be a Republican.

You were never a Republican, che. Stop lying to us.