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The 19-year-old jailed for the crime of sarcasm

nationalreview.com

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Re: The 19-year-old jailed for the crime of sarcasm

#11

Post by asperous »

wavesounds wrote: post #4

"He’s been incarcerated since March without trial." That's the problem. A jury of his peers would throw this out no questions asked.

To be specific, here are a list of constitutional issues being called into question:

> Congress shall make no law [...] abridging the freedom of speech

> Excessive bail shall not be required

> In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

Okay, so the speedy trial clause has been adapted de facto to mean six months, but maybe if he forms a law suite for free speech and excessive bail and wins he could be set for life.

Re: The 19-year-old jailed for the crime of sarcasm

#12

Post by wavesounds »

Ma8ee wrote: post #6
wavesounds wrote: post #4

"He’s been incarcerated since March without trial." That's the problem. A jury of his peers would throw this out no questions asked.

Like the concerned woman who reported him to the police?

I'd think one of his peers would know what 'lol' and 'jk' stand for, which a middle aged women might not.

Re: The 19-year-old jailed for the crime of sarcasm

#13

Post by joshuaxls »

cloverich wrote: post #8

So, i'd like to get the full details of this seemingly outrageous situation. After somewhat extensively searching, I've never found what he actually said; only paraphrasing, etc. That's the difference between an obvious joke and... something different. Not that it justifies the situation entirely (or maybe at all), but would perhaps explain the reaction. Consider a similar poster who did an AMA on reddit here: http:/…

Yeah, this article seems to be missing a lot. According to a piece on the Today show, he also said:

I think I’ma shoot up a kindergarten. And watch the blood of the innocent rain down. And eat the beating heart of one of them.

Hard to make a judgment about any of this without the full context. But being held without trial is definitely a heinous misstep of justice.

http://www.today.com/news/teen-charged-held-months-over-terr...

Re: The 19-year-old jailed for the crime of sarcasm

#14

Post by cdash »

willvarfar wrote: post #7
Ma8ee wrote: post #6

Earlier quoted context omitted.

Like the concerned woman who reported him to the police?

Actually, if you saw that posted, would you not consider whether to tell the police? The proper thing to do - as said in the article - is for the police to investigate if he was serious. And you or I would - depending on lots of context on whether we thought it a remotely credible threat I guess - report it for them to investigate? The problem seems to be on the police end, not the concerned citizen (of another count…

No, I would not consider it for one moment.

Re: The 19-year-old jailed for the crime of sarcasm

#15

Post by dizzystar »

willvarfar wrote: post #7
Ma8ee wrote: post #6

Earlier quoted context omitted.

Like the concerned woman who reported him to the police?

Actually, if you saw that posted, would you not consider whether to tell the police? The proper thing to do - as said in the article - is for the police to investigate if he was serious. And you or I would - depending on lots of context on whether we thought it a remotely credible threat I guess - report it for them to investigate? The problem seems to be on the police end, not the concerned citizen (of another count…

>> Actually, if you saw that posted, would you not consider whether to tell the police?

No. Not at all. Have you not read what is commonly spouted on the internet? You have to be 100% illiterate to not understand that this was tasteless sarcasm.

This doesn't mean I think it is funny or that I agree with it, but calling the police over a joke is pointless and irresponsible.

Re: The 19-year-old jailed for the crime of sarcasm

#16

Post by ams6110 »

GuiA wrote: post #10
cloverich wrote: post #8

So, i'd like to get the full details of this seemingly outrageous situation. After somewhat extensively searching, I've never found what he actually said; only paraphrasing, etc. That's the difference between an obvious joke and... something different. Not that it justifies the situation entirely (or maybe at all), but would perhaps explain the reaction. Consider a similar poster who did an AMA on reddit here: http:/…

I believe the exact details are all here; he typed (in the fairly popular MMO `League of Legends`): Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol jk

In response to someone calling him "insane." In that context it's pretty clear this was a sarcastic response.

Re: The 19-year-old jailed for the crime of sarcasm

#17

Post by rfnslyr »

ams6110 wrote: post #16
GuiA wrote: post #10

Earlier quoted context omitted.

I believe the exact details are all here; he typed (in the fairly popular MMO `League of Legends`): Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol jk

In response to someone calling him "insane." In that context it's pretty clear this was a sarcastic response.

Anyone who has ever played video games even pseudo seriously knows that comment is just scraping the bottom of the barrel. So much worse shit is said daily in games like WoW/CS/League/anything competitive. It's mind boggling that someone took his comment this seriously.

I hope he sues whoever he has to sue and lives out the rest of his life in absolute comfort.

I'd be paranoid forever online because of this. Spending this much time in jail at such a young age for such a mundane comment is... I don't even know.

Re: The 19-year-old jailed for the crime of sarcasm

#18

Post by ownagefool »

GuiA wrote: post #10
cloverich wrote: post #8

So, i'd like to get the full details of this seemingly outrageous situation. After somewhat extensively searching, I've never found what he actually said; only paraphrasing, etc. That's the difference between an obvious joke and... something different. Not that it justifies the situation entirely (or maybe at all), but would perhaps explain the reaction. Consider a similar poster who did an AMA on reddit here: http:/…

I believe the exact details are all here; he typed (in the fairly popular MMO `League of Legends`): Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts. lol jk

It's been reported that it was in runescape. Some kid told him to kill himself and his response was not only would he kill himself, he'd take a kindergarten with him columbine style.

I'm not sure if I'd actually say it was a joke rather than him just lashing out, but I highly doubt he was even remotly serious and disagree with him being held on that alone.

Obviously I accept I don't know all the facts of the case but I wouldn't be suprised if it really was that stupid. We've had similar cases in the UK.

Re: The 19-year-old jailed for the crime of sarcasm

#19

Post by zaroth »

I know articles like this bring out the trolls, but I can't get over the sheer number of commenters (on the target site) happy to see Justin being 'taught a lesson', or claiming that his speech was truly criminal.

What hits me the hardest about this story is that, what if an HN post of mine strikes the wrong nerve and next thing they're coming for me? Maybe next they'll be coming for you. Or 15 years from now my kid makes a dumb post and they come for him.

The Supreme Court was pretty clear this kind of speech is protected, and yet here we are with Justin behind bars. By the way, how the hell does bail get set at $500,000 for a single Facebook comment, no matter how insensitive or inciteful?

You might be interested in contacting the DA who filed the charges, Jennifer Tharp, http://tharpda.com/. Apparently she made her first comment on the case yesterday, although I can't find a direct link to her written statement: "Comal County District Attorney Jennifer Tharp says in a statement that Justin Carter could get 'community supervision or probation' if that is determined to be in the 'best interest of the defendant and society."

What Justin should get is sent home with an apology, and perhaps a nice settlement check down the road. I hope while Jennifer is out enjoying her 4th of July, celebrating our independence day, she can spare a moment to think about how she's managed to trample the constitutional freedoms that so many Americans have given their lives to defend.

I better be careful not to wish any ill will upon her for her role in this travesty of justice, since, you know, I wouldn't want to be accused of making 'terroristic threats'. So let's just say I hope it's raining in Comal County today.

Re: The 19-year-old jailed for the crime of sarcasm

#20

Post by rayiner »

wavesounds wrote: post #4

"He’s been incarcerated since March without trial." That's the problem. A jury of his peers would throw this out no questions asked.

I wouldn't count on it. It was some uptight woman who saw the comment and told the police in the first place, and you can bet its the fear of uptight parents that's causing the prosecution. Can you imagine how the shit would hit the fan if the kid had said something like that, the police had been notified, and the police had done nothing, and the kid had shot up some school?
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