Welsh Dragon wrote:
The bill is
here. The measure seems to have cross-party support (30-0 vote in the Senate) and the key part is :
Quote:
13-2916. Use of an electronic or digital device to terrify,
5 intimidate, threaten, harass, annoy or offend;
6 classification; definition
7 A. It is unlawful for any person, with intent to terrify, intimidate,
8 threaten, harass, annoy or offend, to usea telephone ANY ELECTRONIC OR
9 DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any
10 lewd or lascivious act, or threaten to inflict physical harm to the person or
11 property of any person. It is also unlawful to otherwise disturb by repeated
12 anonymous telephone calls ELECTRONIC OR DIGITAL COMMUNICATIONS the peace,
13 quiet or right of privacy of any person at the place where the telephone call
14 or calls COMMUNICATIONS were received.
15 B. Any offense committed by use of a telephone AN ELECTRONIC OR
16 DIGITAL DEVICE as set forth in this section is deemed to have been committed
17 at either the place where the telephone call or callsCOMMUNICATIONS
18 originated or at the place where the telephone call or callsCOMMUNICATIONS
19 were received.
20 C. Any person who violates this section is guilty of a class 1
21 misdemeanor.
Note - I've had to insert the strikethroughs manually since they didn't copy & paste.
IMO That's a lot milder than the article suggests and although I can still see valid constitutional concerns they don't seem much worse than the existing law.
IANL, but my reading of the bill still gives me cause for concern.
Hypothetical 1:
The bill becomes law. I know that Jerome Corsi reads the Fogbow. I refer to Corsi as, "the motherfucking bastard offspring of a one night stand involving the pilsbury doughboy and a pufferfish." Corsi happens to be in Phoenix, and reads the post while freshening up between delivering rimjobs to Sheriff Joe.
Hypothetical 2:
The bill becomes law. In a fit of pique, I inform our latest anonymous birther troll that he or she is "a real fucking idiot". Unbeknownst to me, the birther troll is actually Mike Zullo.
Hypothetical 3:
The bill becomes law. I refer to Mike Zullo as "a goddamn opportunist who would suck the sweat off a dead man's balls for thirty seconds of camera time." Unbeknownst to me, Zullo, although not a Fogbow member, reads every thread religiously.
Hypothetical 4:
The bill becomes law. I write, "It's a shame Joe Arpaio doesn't read the Fogbow, because I'd love to be able to tell the motherfucker that he is lower than whale shit on the bottom of the ocean." Corsi, in Flagstaff for a Maricopa CCCP circle-jerk, shows Arpaio the post.
In all four of those hypotheticals, I have arguably committed a misdemeanor in Joe Arpaio's jurisdiction. In the first two cases, I've probably committed the misdemeanor - the intent to offend and the obscene or profane language are difficult to contest, and there is nothing that would require me to know or expect that the recipient is in Arizona. The second two are less certain, but argument can be made that I have the intent - and, again, we're in Joe Arpaio's jurisdiction.
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