Live data from Hacker News

He Disparaged the Police on Facebook, So They Arrested Him

nytimes.com

11–20 of 74 posts

Re: He Disparaged the Police on Facebook, So They Arrested Him

#11
post #4

Earlier quoted context omitted.

I think OP has a valid point.

But it's only tangentially related to the article posted.

It seems to get into the impossibility of such a law being at the discretion of law enforcement.

Should he be arrested at the next NH primary for his knowingly false statements and their relationship to an actual bomb threat? Probably not, so probably this law is illegal.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#12
post #10

This is probably an unpopular opinion, and I'd want to think this through more, but I've been feeling recently that libel laws in the U.S. ought to be stronger. We have a massive problem with propagandists (especially on the right, but also the left) using blatant lies to manipulate opinion. The net result is a huge amount of anger & distrust. The media is a mess. Even mainstream outlets like Fox routinely lie to the…

There is also massive corruption problem in the police force, because citizens don't really have effective ways to "watch the watchers". And stronger libel law will definitely be used against people who criticize the police, rightly or wrongly.

That being said, misinformation is also a huge problem. So maybe we'll have to find other ways to more effectively hold individuals accountable, whether they're abusing institutional power or spreading misinformation.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#13
post #10

This is probably an unpopular opinion, and I'd want to think this through more, but I've been feeling recently that libel laws in the U.S. ought to be stronger. We have a massive problem with propagandists (especially on the right, but also the left) using blatant lies to manipulate opinion. The net result is a huge amount of anger & distrust. The media is a mess. Even mainstream outlets like Fox routinely lie to the…

If the UK's notion of libel were applied to the scenario of the article, Robert Frese would be required to prove that his statements were truthful, rather than the police/prosecution proving Robert knew he was lying. That's obscene.

Think about how hard each of those would be to prove. To prove he knew he was lying would almost require that he admitted it in writing or was recorded admitting it. But for a man like Robert Frese to prove that the police were dirty would be almost impossible, the FBI often has difficulty proving that crooked cops are crooked, and they have a lot more resources than just some guy who trash-talked the police. Requiring Robert Frese to prove himself correct is totally unreasonable. Requiring the prosecution to prove Robert Frese knew he was lying is the only semi-sane approach to criminal libel (the criminality of libel is dubious in the first place.)

If you want stronger libel laws to hold corporations accountable, you need to first stop treating corporations and individuals as the same. Applying the same standard to both will create a situation where either corporations are relatively free to say anything, or create a situation where individuals are crushed under the force of laws designed to be forceful enough to beat corporations into compliance. But until that separation happens, having laws that protect people like Robert Frese is the sane default.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#15

Just because he was arrested for criminal libel doesn't mean he will be convicted of it. The article does a good job of presenting a high level overview of criminal libel: what it is, what the arguments around it are, and so forth. Read the whole thing.

Yea, but the princple remains. He bad mouthed the police so they arrested for it. In a country like the US where it appears that unduly high bails are set. (thousands of dollars for people on welfare may as well be a million) Getting arrested could easily mean the lose of freedom for a extended period of time. If that is the penalty for saying something, true or false. It suddenly becomes something people are afraid to do.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#16

Just because he was arrested for criminal libel doesn't mean he will be convicted of it. The article does a good job of presenting a high level overview of criminal libel: what it is, what the arguments around it are, and so forth. Read the whole thing.

Yea, but the princple remains. He bad mouthed the police so they arrested for it. In a country like the US where it appears that unduly high bails are set. (thousands of dollars for people on welfare may as well be a million) Getting arrested could easily mean the lose of freedom for a extended period of time. If that is the penalty for saying something, true or false. It suddenly becomes something people are afraid…

He said an officer is corrupt and that the chief is covering it up. The NYT calls this "disparaging", but it clearly goes way beyond badmouthing.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#17
post #11

Earlier quoted context omitted.

But it's only tangentially related to the article posted.

It seems to get into the impossibility of such a law being at the discretion of law enforcement. Should he be arrested at the next NH primary for his knowingly false statements and their relationship to an actual bomb threat? Probably not, so probably this law is illegal.

Criminal libel laws are at the discretion of law enforcement and prosecutors. Anybody can bring a civil suit for libel.

Only 23 states have criminal defamation laws. The problems with defamation being criminal is what the article is about.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#18

as a brown guy, i will never have the balls big enough to make comments like this.

As a white guy, I mourn that people of color feel that making comments like this requires courage. It shouldn't require courage at all, for anybody, regardless of color or race or religion or gender or anything. I mourn that people like you have to be more careful in interactions with police or other authorities. It just stinks.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#19
post #16

Earlier quoted context omitted.

Yea, but the princple remains. He bad mouthed the police so they arrested for it. In a country like the US where it appears that unduly high bails are set. (thousands of dollars for people on welfare may as well be a million) Getting arrested could easily mean the lose of freedom for a extended period of time. If that is the penalty for saying something, true or false. It suddenly becomes something people are afraid…

He said an officer is corrupt and that the chief is covering it up. The NYT calls this "disparaging", but it clearly goes way beyond badmouthing.

Imagine a world where everyone who accused a public servant of being corrupt, or covering things up was arrested. Every politician would be in jail after each campaign season.

Re: He Disparaged the Police on Facebook, So They Arrested Him

#20
post #16

Earlier quoted context omitted.

Yea, but the princple remains. He bad mouthed the police so they arrested for it. In a country like the US where it appears that unduly high bails are set. (thousands of dollars for people on welfare may as well be a million) Getting arrested could easily mean the lose of freedom for a extended period of time. If that is the penalty for saying something, true or false. It suddenly becomes something people are afraid…

He said an officer is corrupt and that the chief is covering it up. The NYT calls this "disparaging", but it clearly goes way beyond badmouthing.

I've known a few policemen here in the USA - and every one of them was corrupt. So in this case the law may not make sense.
Post reply on HN