Grace~~~ wrote: ↑Wed Aug 21, 2019 10:06 am
AS ALWAYS, that was a great post midwest_non_sleeper.
I don't really understand video games but it's my understanding that he thought he was in a more closed group. Not something obviously public like cpaptalk. He thought he was talking to the same group of kids that always played together and "talked trash".
They were lamenting about having to go back to school. Wanting to keep surfing all day and playing video games during the storms.
When he wrote "I, so and so, VOW ... to go in a shoot up school" that wasn't his name ( nor was it his online avatar name ), it was a known joke name. The school wasn't mentioned.
It was seemingly way less severe than pulling a fire alarm and everyone gets to miss class. Though I think you get arrested for messing with a fire alarm for sure.
In my VERY limited time online (and even occasionally in real life) I've seen EXPERT "trolls? / enemies" who can delete, cut and paste and know all kinds of tricks to make someone look guilty of something they did not do.
They use moderation or officials as their weapons of choice.
To *me*, a person who bears false witness or sets someone up is guilty of a more serious crime, but they seem to get away with it all of the time.
Does law enforcement have a name for those type of crimes and scenarios?
I am super impressed with how our local officials have handled it thus far, but do they have the time to care about who might really be behind this even being brought to their attention?
That's the rub though, Brandenburg doesn't really decide on what the default "number" of people needs to be that need to be panicked in order for a statement to not be protected, so within those boundaries, even if a single person believed he would go through with it, even if it were in a "closed" group, then it may not be protected. Indeed, Brandenburg really only addressed inflammatory speech that seeks to incite others to lawless action. That doesn't seem to be the case here, so perhaps Schenk V United States would be a better test, in that the Court adopted a "clear and present danger" stance. Also, I'm not an attorney, so I don't study these like one.
Unfortunately, this newest generation of kids are extremely adept at using technology. They get very, very good at the things they do, including "framing" someone in an online sense. I can't comment with any authority on this specific case, because I only know the details of what was released. Is it possible that he was "set up"? Sure, but I would think it more likely that he didn't forward think and made a very stupid comment, whether he meant it or not. This is why, when I give talks to kids that age, I tell them that they need to be very cognizant of the things they write online, and they should write things under the assumption that their parents, friends, authorities, etc, may very well be reading those comments one day.
The bigger problem is the extreme amount of...I don't know what to call it, apathy maybe, misanthropic perhaps? I have a 15 year old daughter and it's nothing for her to make the comment "I want to die right now", which to her means that whatever she's engaging in at that moment is not fun, is very bad, and she doesn't want to do it. She's not saying it literally, in that she actually wants to perish, but simply as a way to verbalize her displeasure. It is a very common way for kids to speak nowadays. As her father, I have to try to understand the intricacies of what these kids mean when they make comments like that, and they do, very often. It's a different generation, and when I was growing up, when someone made that comment, it meant exactly what it says. It's difficult keeping up with the jargon, but I do it everyday. It's a metaphorical minefield for a parent and for law enforcement.
Also unfortunately (or fortunately, depending on how you look at it), government as a whole, and law enforcement as a wing of government, is very monolithic. We don't change very quickly. It's a snail's pace. It's very difficult for us to adapt to new technologies, methodologies, and ways of thinking. It naturally happens over time of course, because the new breed of officer comes from the very generation that they help police, but it's still a slow process. I have to work very hard in order to help most officers understand what a basic IP address is and how it's used.
With all that said, there are those jokers out there that will say or write whatever they want to online, simply because it shocks people. Most of them mean no real harm, but it causes some fairly severe problems with the general populace, especially us older folks who may not understand that they're just doing it for the laughs. They're essentially the kid on the bus who constantly makes jokes, knows no boundaries, and simply won't shut up...except that kid lived in the 70's and 80's, and now they inhabit the digital frontier. The challenge is separating those kids from the ones who mean to do actual harm. It's not easy. The internet is simultaneously the best invention ever created, and the bane of my very existence.