
“Never pick a fight with people who buy ink by the barrel.”
That advice supposedly originated with Mark Twain, but if so, then Twain missed his calling as either a psychic, or a Supreme Court Justice.
In the early 1960’s, the New York Times published a series of articles about civil rights abuses and protests in the deep South. That prompted some segregationist officials in Alabama to try and squash those articles by suing the paper for libel. Fifty years ago last week, the Supreme Court heard New York Times v. Sullivan, and held for the paper. That landmark decision was, no doubt, applauded by anyone who abhorred racism and who supported freedom of the press. Unfortunately, however, Sullivan had an unintended effect on other freedoms. From that point forward, anyone who believed they had been defamed by a newspaper publisher or broadcaster, faced an uphill battle proving it in court.
For one thing, plaintiffs in such cases must prove that the defendant carelessly and knowingly published or spoke lies, and that those lies caused the plaintiff harm. Second, the 1964 Supremes had no way of knowing that within four decades, everybody and his brother could claim to be a publisher or broadcaster. Thanks to the internet and social media, “trolling” and defaming has now become a favorite American past time. According to studymode.com, “trolling” describes a person who posts inflammatory messages in an online community with the primary intent of provoking readers. The problem is that such irresponsible posts and website articles are causing great harm to individuals and corporations. So much so, that an entire industry of image fixers has sprung up who attempt to remove libelous material about their client from the internet.
In the meantime, attorneys for damaged parties have, in recent years, cited various laws and acts that they hope will punish cyber defamers, but the application of those laws and subsequent sentencing have been largely ineffective.
The Communications Decency Act of 1996, for example, was originally written to restrict internet porn, but it added a provision for dealing with online defamation. However, section 230 of that Act essentially lets ISPs off the hook, and forces plaintiffs to seek damages from the individuals who initiated the libel. The problem is that, in addition to the aforementioned burden of proof, plaintiffs can’t be made whole by jerks that post hate speech all day, while sitting on empty wallets.
The Computer Fraud and Abuse Act has also been trotted out before juries to help remedy online defamation, but its most high profile application fell short. An adult named Lori Drew set up a MySpace account under a false name, and sent libelous and harassing messages to a 13-year-old neighbor girl who subsequently committed suicide due to the cyber bullying. Drew was initially convicted under CFAA, but later went free on appeal.
In 2010, Sean Duffy, a YouTube defamer, became the first person to be sentenced under the Malicious Communications Act, but there has been no indication that prosecutions under that Act have deterred cyber bullying and general online defamation.
The real problem is that today’s bloggers, tweeters, and web writers don’t operate under the same guidelines as do real journalists and broadcasters, yet the libel and slander they commit can reach more eyes and ears in ten minutes than the New York Times can in ten years. Add to that the protections afforded them under Sullivan, and victims of hate speech and defamation have no guaranteed relief.
That’s why I am in favor of comprehensive federal legislation that would make it easier to convict and sentence online trash talkers.
I know that my proposal may frighten social media hounds. After all, most of them just want to let their friends know what they bought at the store, or what they thought of last night’s game. And yes, most people who tweet and blog have no intent to cause a suicide, bankruptcy, Arab Spring, or flash mob violence. But whether they like it or not, their words can hurt. Their words can do serious harm.
And what message are we sending to our kids if we continue to have no organized strategy for preventing and punishing internet idiots? A 2011 survey by the Pew Research Project found that 88% of teenage social media users have witnessed other people being cruel on social networking sites. Increasingly, our nation’s young people type before they think, while we adults think nothing about their typing.
British public relations legend Alasdair Campbell, speaking about the rise of internet journalism and social media, was reported to say, “The audience have become the authors”. But as more of us become online “authors”, we should accept more responsibility for our words and our actions. Until then, those of us who are potential victims of online libel and slander should take to heart Twain’s paraphrased warning: “Never pick a fight with someone who buys bytes by the barrel”.





























Posted March 26, 2014 By Triad TodayTats and Asses
Last week was replete with stories about people who share a common affinity. First there was Michael Smith, a northern redneck from Maine, who walked out onto his front yard to yell at a state contractor for cutting down dangerous trees on his property. A few hours later, Smith awoke from a nap to find himself surrounded by a team of SWAT cops. Why? Because when confronting the timber men, Smith was shirtless, thus revealing what appeared to be a Glock tucked into the front of his pants. Upon closer inspection, the police discovered that the gun was actually a tattoo. It gave a whole new meaning to the phrase “draw your weapon”.
Meanwhile, a Brooklyn man caught a lot of heat last week when he had his dog shaved and tattooed, not with a small series of numbers for emergency ID, but with a large red heart pierced by a cupid’s arrow. I’m not sure if the guy is having an affair with his dog, or if he just likes tattoos. Either way, the procedure was kind of creepy.
Then there was last week’s Glamour magazine cover which featured Lena Dunham. Dunham is the recently crowned wunderkind of Hollywood because she produces and stars in the over-rated TV series “Girls”. Dunham’s signature schtick is appearing nude in almost every episode, however, she is well dressed for the Glamour cover. The problem is that her dress is sleeveless which shows off a very large and unattractive tattoo. What were the Glamour editors thinking? There is nothing glamorous about a grimy-looking tattoo on a woman’s arm. Even Kanye West had a melt down over the magazine’s decision to feature Dunham, because his wife Kim, though devoid of talent, does not look like a convict, and would have been a more appropriate choice for the cover.
Finally there was the Winston-Salem Journal story last week about 28-year-old Corey Raynor. Corey, it seems had body art inked all over his back while in a drunken state, then developed what is known as tattoo remorse. The original tat cost him $200, but now he’s having to pay Carolina Laser and Cosmetic Center $3,000 to have the ink removed. Not only is tattoo removal expensive, it is painful. Raynor told the Journal’s Richard Craver that the pain was “greater than a 10, almost unbearable”.
In fact there are all sorts of pain which can result from tattoos. For one thing, there are health risks, including hepatitis, herpes, HIV, staph, tetanus, and tuberculosis. Then there’s the pain of underemployment. According to a 2011 study by CareerBuilder, 31% of surveyed employers ranked “having a visible tattoo” as the top personal attribute that would dissuade them from promoting an employee.
But even given these economic and health risks, the number of people getting tattoos continues to rise. A Pew Research Center study finds that 45 million Americans have at least one tattoo, and they spend upwards of $1.6 billion dollars per year to do so. Moreover, 31% of inked-up folks say tattoos make them feel more sexy, while 5% say that a tat makes them feel more intelligent (the guy in Maine disproves that).
So here’s my question. Why are so many people getting tattoos despite the stigma, costs, health risks, and potential loss of earning power? Perhaps a few of our more outspoken sports journalists have hit on the answer. Guys like Jason Whitlock, a prominent African American columnist, who said of the new thug look, “Popular culture has so eroded the symbolic core principles at the root of America’s love affair with sports, that many modern athletes believe their allegiance to gangster culture takes precedence over their allegiance to the sports culture that made them rich and famous”.
And by disrespecting the traditions of their sport, athletes have also made tattoos the cool thing to have, whether you’re a shirtless idiot in Maine, or a teenage girl who thinks it’s neat to despoil her body.
Of course, tattooing isn’t a new phenomena. In Moby Dick, Queequeg the harpooner sported massive tattoos which had been applied by a tribal elder who hid encrypted theories on astrology within the designs. Perhaps that’s what’s happening now. Maybe all these gangstas, rednecks, and impressionable youth are actually cosmic geniuses who are leading us to the promised land. Or maybe not. In any event, perhaps the solution to the downside of tattoos is to get the washable kind which can vanish without consequence.
As I reported a couple of years ago, there was a man in England who claimed to be the world’s biggest fan of Miley Cyrus because he had over a dozen permanent tattoos of the singer put all over his body. Of course that guy could have just gotten temporary tattoos which would have saved him money and still showed his love for Miley. After all, what could be more appropriate than a “Henna” Montana?