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ROOKE: Red State Bill Could See Residents Jailed For Online Speech

The Oklahoma Senate passed the bill in March, which critics say is a horrific attack on constitutionally protected free speech that could land Oklahomans in prison.

SB1100 Amends Sections 1172 and 1953 of the Oklahoma Computer Crimes Act, passed in 2021, to prevent cyberbullying through any form of telecommunications, including texts, emails, phone calls, and postings on online platforms.under SB1100“any comments, requests, or suggestions that are obscene, lewd, lewd, filthy, or indecent with the intent to harass or cause injury, physical harm, or severe emotional distress to any person; or voluntarily making suggestions” is illegal. ”

SB1100

The Oklahoma State Senate passed SB 1100 by a vote of 38-8. Oklahoma Attorney General Guenter Drummond praised the bill’s passage, calling it “stronger than ever” after the deaths of 17-year-old Mustang student Jot Turner and 16-year-old Owasso student. It was praised as a “great anti-bullying measure.” Dagny “Nex” Benedict.

“Schools are witnessing the teen suicide crisis and how it is fueled by horrific bullying,” Drummond said. Said In a press release. “The law cannot force people to be kind to each other, but it can ensure that there are consequences for the type of bullying that leads to tragedies like those seen in Mustang and Owasso.”

There is no indication that Benedict’s suicide was the result of bullying.local prosecutor I refused This is to indict the students who had a physical altercation with her the day before she died.

Oklahoma State Representative Chris Banning told the Daily Caller that SB 1100 is an attempt to strengthen previously passed legislation addressing cyberbullying. But the current version goes far beyond enacting anti-bullying laws.

“I don’t know what the intent is other than to mark the death of a child. I’m angry that the death of a child is being politicized in this way. It shouldn’t be used,” Banning said. Stated. (Luke: Even if you run away to the Red Country, you can’t escape the fight against Wakeness)

“The words were so dangerous that I put almost everything else aside and worked on this bill for three days straight,” he continued. “It’s already a law in the state of Oklahoma for you to keep texting me even though I told you to stop. That’s currently against the law.”

The bill defines “severe mental distress” to mean “significant mental pain or suffering that requires medical or other professional treatment or counseling.” Bunning agreed that this could put Oklahoma residents at risk of fines and jail time just for misgendering someone online, if they receive counseling for misgendering someone.

The penalties for breaking this law will be severe.

  • First offense: up to a $500 fine or one year in county jail, or both.
  • Second offense: up to a $1,000 fine or two years in U.S. State Department detention
    fix or both
  • Third offense: up to a $100,000 fine or 10 years’ imprisonment in the Department of Corrections, or both.

Mr. Bunning met with the Oklahoma Attorney General’s Office regarding the language of SB 1100. The agency said it intends to help Congress develop better language if it comes up for a vote again. Mr. Banning provided an example of how easy it is to cause trouble to someone through electronic communication. “They took out the word nuisance, but they added the word harassment. The definition of the word harassment includes the expression of committing a nuisance,” he said. I pointed out that it was a blacksmith.

ryan haneyA criminal justice reform fellow at the Oklahoma Council on Public Affairs told the Daily Caller that while the word “nuisance” has been removed, the intent to harass is equally concerning.

“This law came to my attention two years ago, and at the time I thought it was likely to criminalize protected speech, especially speech said with the intent to cause a nuisance. “If we can criminalize nuisance speech, we can just shut down the internet,” he said. “Annoying is a low-hanging fruit. If you look at the current version, they’re actually ignoring the word ‘annoying.’ Because it’s an easy word for them to say that it clearly crosses the line. But I don’t think they consider it to be crossing the line into harassment. ” (Luke: SCOTUS must protect children from genital mutilation because other societies won’t)

“For me, the inclusion of harassment is a problem because when people speak in public, they may do so for a variety of reasons. One is to get a point across, or to make a statement to a wide range of people. Another could be to harass an individual in a position that the speaker feels is not an appropriate position. ,” Haney said.

“At a minimum, it should include that Section 1172 does not apply to constitutionally protected speech. That is unnecessary, but it is a helpful signal to prosecutors, judges, and defense attorneys,” Haney added. Ta. “Is that necessary? No, I can always defend myself under the First Amendment, but if that’s in the statutory scheme, a prosecutor trying to charge someone with a crime. Should someone at least check that and think, “Am I prosecuting” about protected speech? ”

He said that while trying to go after cyberbullying, the bill appears to attack one-to-many speech, such as posting on online platforms such as Facebook, Twitter and other social media sites.

Mamas for Liberty Oklahoma The paper also told the Daily Caller that it was concerned that the bill’s broad language could allow the state to enact laws that would jail Oklahomans for “hurting their feelings.” He said he was there.

“The main problem is that the current wording has been supplemented with the words ‘severe mental distress’. If found guilty, there could be fines and/or jail time. All Americans should be alarmed by this, and everyone should know that emotions cannot and should not be legislated. You should know better than that,” said Tulsa County, Oklahoma Chapter Chair, Moms for Liberty. Janice Danforth Said. (Luke: Biden is about to deal a fatal blow to women’s sports)

“When we start creating laws that punish someone for causing severe mental distress, which varies greatly from person to person, we are on a very slippery slope. Determining severe mental distress And what type of mental distress would be considered severe? The answers to both of these questions are subjective, which is why this bill is dangerous,” she continued. Ta.

“SB 1100, authored by Sen. Paul Rozino, was created to crack down on the bullying that contributed to the suicides of Mustang student Jot Turner and Owasso student Nex Benedict,” Drummond said. However, Oklahoma Freedom Mothers and other groups and individuals had concerns about the bill, and many began to voice those concerns. should not pass in Oklahoma on uncertain terms, and the Oklahoma Mothers of Freedom will continue to fight against this bill every session until it is stopped,” Danforth said. added.

The bill, which passed the state Senate, was originally scheduled for a vote in the Oklahoma House of Representatives on April 23, but was withdrawn after critics warned it was an attack on free speech rights in Oklahoma. .

Bunning doesn’t think his colleagues in the House will vote for the bill in its current wording, but that doesn’t mean it won’t be revived. “Our leadership seems to be able to take up any bill at almost any time. Just putting it back on the floor will do that. That’s the power of our leadership. So this bill is dead. But I’m being very careful because bad wording could quickly lead to a bill,” Banning said.

SB 1100 is problematic in its current form, with severe penalties that are sure to chill free speech in the state. It is concerning that such a bill passed the Republican-led state Senate with overwhelming support. The authors, Republican state Sen. Paul Rozino and state Rep. Steve Bashore, did not respond to multiple attempts by The Daily Caller to explain why they wrote the bill. The Oklahoma Attorney General’s Office has not yet responded to The Daily Caller’s request for comment.

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