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Racist Twitter user jailed for 56 days

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I'm fine with this because it's obviously racist. Just because it's the internet doesn't mean you should escape the consequences of what you say.

If he was in the street or in a pub saying out loud what he wrote on twitter the outcome would have probably been the same (if he was reported by members of the public of course).

The guy's an idiot, but whether he deserves a custodial sentence is another thing. I would say he's unlikely to be rehabilitated while serving, because either he's dead set in that way of thinking or because he isn't really racist and was just being an attention seeking idiot. However he isn't likely to do it again, and it sends a warning to people not to spew racist nonesense in public. However putting people in jail to warn others always sits wrong with me.

Community service would have been a much better option in my opinion, along with some courses. He's already going to be in enough trouble with university + employers and a custodial sentence seems overly harsh,
 
Can't get behind the prison time. Words and actions are two different things. Jail time crosses a line, but getting removed from university and ostracised for the rest of his life seems appropriate.

This isn't a case where you can't avoid what's being said. You can literally turn it off, and block a Twitter user (I think...I'm not a twitter guy), right?
 

Lucius86

Banned
The more I think about this, the more it troubles me. A user, who wrote stuff on an online medium gets jail for 2 months.

This is so utterly wrong. Community service I can go with, and even go as far as support, but in no way to me is this man a threat to the public that he needs to be segregated from society.

Just how far are the Police willing to go with investigations like this with online comments? Because they sure couldn't give a rats ass when someone burgled my house in December and stole £1000 worth of possessions.....
 

smr00

Banned
I don't understand the American views on this. Do I take it you don't like racism but think people shouldn't be punished for it? That seems a bit contradictory, surely?

How far does the US take the defence of free speech, if someone was just shouting racist abuse in the street, can anything be done about it for instance? What about calling for violence against specific groups of people (or even individuals)? (This is an honest question, I don't know much about American laws)

You don't understand? we understand freedom, no one should arrested for speech no matter how ignorant or racist it is, it's their right to act ignorant.

I don't understand how you people can defend this bullshit, oh call someone racist? guess you are spending 3 months in jail.. that isn't fair, isn't right and it's why i am glad i don't live there because the justice system is more of a joke then ours.
 

Barrett2

Member
I don't understand the American views on this. Do I take it you don't like racism but think people shouldn't be punished for it? That seems a bit contradictory, surely?

How far does the US take the defence of free speech, if someone was just shouting racist abuse in the street, can anything be done about it for instance? What about calling for violence against specific groups of people (or even individuals)? (This is an honest question, I don't know much about American laws)

In the US, the only way speech will get you arrested is if you are directly inciting violence. In the street I shout "that Mexican right over there is ruining America. Lets all go beat him up right now!" This is incitement, and could get you arrested.

If you are not inciting violence, you cannot be jailed for anything in the US.

Incredibly extreme sentencing but undoubtedly necessary if the 'I can say what I want, its the internet' fallacy is going to be driven out of society.

What difference does it make if its the internet? Legally the precedent is the same. The gov is saying it can imprison you for saying those things at any time in which someone else can hear you.

Lets look at the logical extension of this. I and friends are eating at a cafe. I say something racist "Illegal immigrants are horrible and stealing jobs and should be shot." I think I am having a private conversation (presumably legal??) but if a passerby hears me, I can now be jailed for that statement. Insanity.
 

Ghost

Chili Con Carnage!
Incredibly extreme sentencing but undoubtedly necessary if the 'I can say what I want, its the internet' fallacy is going to be driven out of society.
 

daviyoung

Banned
What you have to understand is that this guy has been sacrificed to send a message from the courts: you alone are responsible for your actions regardless of medium of expression or level of intoxication. Not everyone who sends a racist tweet will be arrested obviously, I doubt this law is written in any significant way, but it's there as a deterrent and publicised as a warning. Our courts can be very sadistic in this way.

This guy was stupid enough to be in the wrong place at the wrong time, and he obviously did himself no favours throughout the court process.
 
Yeah, America doesn't do that all. I mean you can't get held indefinitely without any rights or get your head beaten in because you're doing a peaceful protest and you definitely don't have presidential candidates pushing to remove the rights of everyone they don't like. Oh wait, yeah you do.

No, in the UK you just get your head beaten in because you happened to own a shop and police don't feel the need to stop the rioters taking all your stuff and kicking your defenseless ass.

And at least our secession movement was 150 years ago. The UK's got 2 that are quite popular and active, in Ireland and Scotland.

And that's not even bringing up the BNP, an overtly racist group that actually got someone elected in London.
 

DY_nasty

NeoGAF's official "was this shooting justified" consultant
What you have to understand is that this guy has been sacrificed to send a message from the courts: you alone are responsible for your actions regardless of medium of expression, level of intoxication, or inebriated state. Not everyone who sends a racist tweet will be arrested obviously, I doubt this law is written in any significant way, but it's there as a deterrent and publicised as a warning. Our courts can be very sadistic in this way.

This guy was stupid enough to be in the wrong place at the wrong time, and he obviously did himself no favours throughout the court process.
wrong place at the wrong time on the internet?

lets just get the ips to stormfront and put them all behind bars for life then! too easy
 
Depends what you mean by changed man. If you meant now permanently a member of an underclass incapable of obtaining reasonable employment and education, then yeah, he'll be changed.

It should not be a crime to be offensive. I've gone through a personal hell in my own life being abused, taunted, slurs leveled at me... I can defend myself against that, thanks. I don't need or WANT the courts to act on my behalf like some omnipresent nanny.

Him going to prison won't change anything.

They're cops here with criminal records... it's not as big as a deal as people think.

Caution, fine, community service, it's still on his record anyway, being in prison won't affect his chances in life much.
 
Mr Atkinson, famous for his roles in Blackadder and Mr Bean, told Peers in the House of Lords: “Do I think that I would risk prosecution because of jokes or drama about sexual orientation with which I might be involved if we don’t have the free speech clause?

“Not really – but I dread something almost as bad – a culture of censoriousness, a questioning, negative and leaden attitude that is encouraged by legislation of this nature but is considerably and meaningfully alleviated by the free speech clause.”

He added: “It would provide succour and reassurance to those of us in the creative world and I would plead for its retention.”

Mr Atkinson also criticised “hate speech” legislation in general.
source
 

R&R

Member
Guy's a total twat...but anyway this ruling is crazy. I am pretty certain the sentence would not hold if the case was pursued further to higher courts...
 

SmokyDave

Member
But those are pretty clearly defined laws. This one is just asking for all sorts of abuse.

Yup, and it will be widely abused by lazy police looking for easy convictions.

I don't know why I'm apathetic towards this. Perhaps because I've learned that pissing into hurricanes just gets me wet jeans.
 

Hazanko

Banned
What you have to understand is that this guy has been sacrificed to send a message from the courts: you alone are responsible for your actions regardless of medium of expression or level of intoxication. Not everyone who sends a racist tweet will be arrested obviously, I doubt this law is written in any significant way, but it's there as a deterrent and publicised as a warning. Our courts can be very sadistic in this way.

This guy was stupid enough to be in the wrong place at the wrong time, and he obviously did himself no favours throughout the court process.

Yes I think that was the reason. It's harsh for the guy but you need to be harsh to send a clear message. Others will think twice about it. I don't like the whole mindset that just because it's the internet, it's ok.
 
Can't believe people are okay with someone being tossed in jail over a tweet

I don't get it either. It opens a can of worms. When people are generaly ok with it it will open the gates to push this kind of legislation further. Today it's just racists and islamists who go to jail over tweets tomorrow it could be people who criticise the government, boast about smoking a joint, calling the CEO of a big company a twat etc.

Such behaviour shouldn't go unpunished but my understanding of the western jurisdication system (especialy in Europe) always was that rehabilitation and resocialication is at its core not mindless punishment and ruin of ordinary peoples lifes.
 
I don't understand the American views on this. Do I take it you don't like racism but think people shouldn't be punished for it? That seems a bit contradictory, surely?

How far does the US take the defence of free speech, if someone was just shouting racist abuse in the street, can anything be done about it for instance? What about calling for violence against specific groups of people (or even individuals)? (This is an honest question, I don't know much about American laws)



actually, calling for violence is one of the big exceptions. and I don't believe in people getting jailed for racist stuff because it stigmatizes that person enough for bad social consequences and because jail is not going to change anyone's views about race. It's not like they're going to jail to see the best that other races offer and see the error of their ways. It's a harsh punishment and weird ruling in this case.
 
That was blatant incitement. I don't see the incitement in this case.

Maybe not, but if someone got worked up and decided trace him down stab him or someone close to him, he would of incited something.

Trying to provoke another person to violence is a crime here as well..

Think of it as those instigating penalties in Ice Hockey, some react, other don't.
 

DY_nasty

NeoGAF's official "was this shooting justified" consultant
Wrong place = Twitter, not the best for anonymity
Wrong time = right after the incident

No need to get all Godwin's law on this and throw your toys out the pram.

So what's stopping cops from chilling outside a bar?
 

rCIZZLE

Member
What you have to understand is that this guy has been sacrificed to send a message from the courts: you alone are responsible for your actions regardless of medium of expression or level of intoxication. Not everyone who sends a racist tweet will be arrested obviously, I doubt this law is written in any significant way, but it's there as a deterrent and publicised as a warning. Our courts can be very sadistic in this way.

This guy was stupid enough to be in the wrong place at the wrong time, and he obviously did himself no favours throughout the court process.

Being known as a racist asshole should be punishment enough and deter future people from doing so on a not-so-anonymous website. I find it pretty disturbing that words, or text in this case, can be so offensive that the person who they belong to needs to be removed from society, even if it's a short sentence. Jail should be for people who are a danger to the public.
 
Incredibly extreme sentencing but undoubtedly necessary if the 'I can say what I want, its the internet' fallacy is going to be driven out of society.
You can legislate against behaviour, not attitudes.

UK has a history of this shit too, guy got punished for tweeting that he'd blow up an airport (as a joke) because of a delay. His whole life got fucked up. I believe he challenged at higher level courts to get it wiped clean.
 

Seanspeed

Banned
What you have to understand is that this guy has been sacrificed to send a message from the courts: you alone are responsible for your actions regardless of medium of expression or level of intoxication. Not everyone who sends a racist tweet will be arrested obviously, I doubt this law is written in any significant way
You see nothing wrong with all this?

You cant just jail one person and not another for the same offense. There needs to be equality, or at least a desire to acheive equality.

And the worst part is that last comment, about the law not being written in any specific way! Yay abuse!
 
I approve of accountability on the Internet. Even though this is not an example of that, this is an example of using a scapegoat to scare everybody else into behaving better.
 

billsmugs

Member
Thanks to everyone for the replies, believe me the US system seems just as bad to me (from the UK) as ours seems to appear to you. How can you stop racism (and surely most rational US citizens want that to happen) if you don't punish it?
 
Being known as a racist asshole should be punishment enough and deter future people from doing so on a not-so-anonymous website. I find it pretty disturbing that words, or text in this case, can be so offensive that the person who they belong to needs to be removed from society, even if it's a short sentence. Jail should be for people who are a danger to the public.



exactly. I don't quite understand why people think this guy needs to be jailed. Is being a racist not as socially stigmatized over there?

In the U.S., in the wrong crowd (i.e. most of the general public), it will get you ostracized pretty quickly, which will screw up life, work, love, everything. Nobody needs to be jailed.
 

Barrett2

Member
Thanks to everyone for the replies, believe me the US system seems just as bad to me (from the UK) as ours seems to appear to you. How can you stop racism (and surely most rational US citizens want that to happen) if you don't punish it?

In the United States freedom of speech is considered one of the most important rights a person can exercise. As a result, our laws err on the side of allowing anything short of immediate incitement.

Otherwise you'd get people being imprisoned for Tweets.
 

Slayven

Member
Thanks to everyone for the replies, believe me the US system seems just as bad to me (from the UK) as ours seems to appear to you. How can you stop racism (and surely most rational US citizens want that to happen) if you don't punish it?

Cause punishing it won't correct the behavior. You think this guy will have an awakening in jail? Nah, he will just keep it quieter and more subtle.
 

daviyoung

Banned
You see nothing wrong with all this?

You cant just jail one person and not another for the same offense. There needs to be equality, or at least a desire to acheive equality.

And the worst part is that last comment, about the law not being written in any specific way! Yay abuse!

I see a lot of things wrong with every justice system, and I don't think stupidity should be punished by jail time. UK-GAF have coped with our rubber laws pretty well, which come off the back of a rather liquid constitution. Seems to work OK, I don't have any sympathy for this guy really. Just because the corruption and law abuse is far less subtle here doesn't mean equally heinous law fiddlings don't happen everywhere in the world. I like the fact that our system is so transparent in its ideas.
 
Thanks to everyone for the replies, believe me the US system seems just as bad to me (from the UK) as ours seems to appear to you. How can you stop racism (and surely most rational US citizens want that to happen) if you don't punish it?



because this is a huge country with lots of packed jails and lots of other more important crimes and social circles have enough power to punish a racist person.
 
I approve of accountability on the Internet. Even though this is not an example of that, this is an example of using a scapegoat to scare everybody else into behaving better.
They have it in South Korea, everything you say is accountable. Thought I think there were debates against it being removed. People went to jail for hating on celebrities and I believe, and posting pro North Korea comments. It's an incredibly slippery slope.
 

billsmugs

Member
By that logic no one would commit murder, rape, theft, etc...

Cause punishing it won't correct the behavior. You think this guy will have an awakening in jail? Nah, he will just keep it quieter and more subtle.

Maybe "stop" was the wrong word, but surely the fact that there is a punishment will deter some people from committing the crimes? There'd be a lot more thefts if you just got a telling off instead of a prison sentence, don't you agree?

EDIT: Maybe prison is a bit harsh in this case (though I don't have a huge issue with the sentence, myself) perhaps a fine would be better, but it should be a pretty large one. (The more fines taken from criminals, the less taxes we have to pay!)
 

lexi

Banned
Maybe "stop" was the wrong word, but surely the fact that there is a punishment will deter some people from committing the crimes? There'd be a lot more thefts if you just got a telling off instead of a prison sentence, don't you agree?

No. This doesn't work with the death penalty and deterring murder either. People don't commit crimes weighing up how badly the law will punish them if they're caught.
 
It's disgusting behavior, but you all are fucking nuts if you agree with jail time.

Yeah, gonna be hard for him in an open prison.

Hopefully they'll bang him up in a Cat B.

Then he can only get solid food, and watch TV all day, plus play the occasional frame of Snooker. Go to the Gym, library, and other activities. Maybe converse with an 80 year old who refused to pay his TV license.
 

Meier

Member
Lets look at the logical extension of this. I and friends are eating at a cafe. I say something racist "Illegal immigrants are horrible and stealing jobs and should be shot." I think I am having a private conversation (presumably legal??) but if a passerby hears me, I can now be jailed for that statement. Insanity.

Come on lawyer man! I'd say a more logical extension would be that scenario but you were being wire tapped or a neighbor was eavesdropping with a glass against the wall. Eating at a cafe is absolutely in public.

Posting on twitter without a private account is more akin to standing in the middle of the street and using a megaphone. Anyone and everyone can hear you and/or be subjected to your views. I think his line about curbstomping and laughing about Muamba potentially being dead on top of all of the racist terms directed at users could be considered inciting violence especially given the nature of retweets.
 
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