The state legislature of Arizona has passed a bill that vastly broadens telephone harassment laws and applies them to the Internet and other means of electronic communication.
The law, which is being pushed under the guise of an anti-bullying campaign, would mean that anything communicated or published online that was deemed to be “offensive” by the state, including editorials, illustrations, and even satire could be criminally punished.
The Comic Book Legal Defense Fund breaks down Arizona House Bill 2549:
“The bill is sweepingly broad, and would make it a crime to communicate via electronic means speech that is intended to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify,’ as well as certain sexual speech. Because the bill is not limited to one-to-one communications, H.B. 2549 would apply to the Internet as a whole, thus criminalizing all manner of writing, cartoons, and other protected material the state finds offensive or annoying.”
First Amendment activist group Media Coalition has written to Arizona Governor Jan Brewer, urging her not to sign the legislation into law.
The letter notes that the terms used in the bill are not defined in the statute or by reference, and thereby the law could be broadly applied to almost any statement.
“H.B. 2549 would make it a crime to use any electronic or digital device to communicate using obscene, lewd or profane language or to suggest a lewd or lascivious act if done with intent to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify,’” the letter notes. … ‘Lewd’ and ‘profane’ are not defined in the statute or by reference. ‘Lewd’ is generally understood to mean lusty or sexual in nature and ‘profane’ is generally defined as disrespectful or irreverent about religion or religious practices.”
“H.B. 2549 is not limited to a one to one conversation between two specific people. The communication does not need to be repetitive or even unwanted. There is no requirement that the recipient or subject of the speech actually feel offended, annoyed or scared. Nor does the legislation make clear that the communication must be intended to offend or annoy the reader, the subject or even any specific person.” the letter continues.
In this respect the law could even technically be applied to someone posting a status update on Facebook.
“Speech protected by the First Amendment is often intended to offend, annoy or scare but could be prosecuted under this law.”The Media Coalition letter continues….”
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