Submitted by Gene Howington, Guest Blogger
Police in Renton, Washington are seeking an unknown cartoonist for cyberstalking. To that end, officials have obtained a search warrant from a local judge to discover the identity of the anonymous cartoonist. The alleged crime this cartoonist committed? Posting cartoons online parodying the Renton Police Department and referring to real life internal affairs incidents at the Renton PD in the dialog. It is important to note that neither is the Renton Police Department named nor are the real names of any people attached to the Renton Police Department are used in the cartoons linked posted by KIRO TV. The videos are not in a format that can be embedded in WordPress, but the Jail Parody and the Locker Room Parody can both be seen at KIRO TV’s website.
Parody is protected free speech in many cases, but the case law is unclear in providing bright line definitions of what does and what doesn’t qualify as parody. This often leads to detailed case by case examination of claims. When the parody involves copyrighted materials, there are guidelines and tests to apply in determining if the parody is legitimate. Generally speaking, there are two lines of defense involving parody: the free speech defense based in Constitutional law and the fair use defense based in copyright law. As these parodies do not involve copyrighted materials, the fair use defense is not relevant here. The free speech defense is another matter. As a matter of Constitutional law, parody is protected free speech. Is the Renton Police Department attempting to use a criminal statute to persecute a critic engaging in critical parody and repress the cartoonist’s 1st Amendment Free Speech rights? Some think that’s exactly what they are doing.
KIRO TV brought the matter to the attention of attorney Venkat Balasubramani, an expert in cyber-law and constitutional issues. After reviewing several of the parody videos and the court documents, Mr. Balasubramani offered the following opinions. “The cyberstalking angle doesn’t pass the laugh test. It’s a serious stretch and I’d be surprised if somebody looked at it and realistically thought these acts actually fit the statute and we could make somebody criminally liable.” When Balasubramani was asked about a more likely scenario, he said, “I think they were trying to get at the speaker and they looked around for a statute that shoehorned their conduct into and sent that to Google and said ‘turn over the information.'”
In Washington state, cyberstalking is defined by the Revised Code of Washington (RCW) 9.61.260 as follows:
(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:
(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.
(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.
(3) Cyberstalking is a class C felony if either of the following applies:
(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim’s family or household or any person specifically named in a no-contact order or no-harassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited under subsection (1)(c) of this section by threatening to kill the person threatened or any other person.
(4) Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
(5) For purposes of this section, “electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, internet-based communications, pager service, and electronic text messaging.
After initial attempts by KIRO TV to contact both the City Attorney’s office and the Renton Police Department for comment concerning the motivation of the charges were rebuffed, the Renton Police Department finally issued a statement on Thursday. “Some of the videos are incidents of misconduct, some are unsubstantiated, some are rumors, some are previous internal investigations that were found to be unfounded and some are just flat out untrue and lies. I would rather err on the side of investigating all complaints (and) alleged criminal misconduct rather than risk failing to investigate a crime that’s been reported,” said Renton Police Chief Kevin Milosevich. Some might think that statement sounds more like an excuse rather than an answer to whether the charges are proper or not.
Do you think the cartoons are protected free speech parody or legitimate cyberstalking? Is the Washington statute the Renton Police are attempting to use over broad and subject to Constitutional abuses? Is the Renton Police Department seeking to use criminal law to persecute and prosecute an artist’s permissible exercise of free speech rights?
What do you think?
Source: KIROTV.com (1), (2), RCW
~Submitted by Gene Howington, Guest Blogger
and the link before this story is buried: http://www.kirotv.com/news/29256408/detail.html
And now the department shredded all the evidence, as in, on purpose. and no one cares.
“Instead, the pigs are trying to find the animator’s name and address. Why? So the pigs can arrest, assault or murder him?” -P Smith
…or so they can harass and torment him… (I try to avoid the word “pigs” — it’s like pouring kerosene on a fire… and there are still some good folks in law enforcement, but… it’s pretty bad out there…)
As per usual, and like pigs everywhere, the Renton pigs can’t grasp that they only enforce the law. They are not above the law, nor do they get to decide what is the law.
As well, criticism and dislike of pigs does not constitute a lack of respect for the law, especially when pigs are some of the biggest lawbreakers.
If the pigs don’t like criticism and parody of the pigs’ incompetence and corruption, there’s a guaranteed way to silence the critics: Stop employing pigs who are corrupt and incompetent.
Instead, the pigs are trying to find the animator’s name and address. Why? So the pigs can arrest, assault or murder him?
.
Blouise,
Yep. Mum’s the word…
LOL, regarding that wager…
anon nurse,
Never, never, talk about it
Wonder if the same investigation will uncover any truth behind the vids and demote those people? Shall we place a wager?
http://www.king5.com/news/Renton-Police-demote-two-officers-over-mocking-YouTube-video–127798678.html
Renton Police demote two officers over mocking YouTube video
by LINDA BYRON / KING 5 News
August 15, 2011 at 5:50 PM
RENTON, Wash. — A top police commander and sergeant are to blame for at least one of the YouTube cartoons mocking the Renton Police Department and regional jail.
The video is one of nine recently posted on YouTube satirizing the Renton Police Department and the jail in an extremely unflattering way, at times coming across as racist and sexist.
The cartoon depicts a jail employee as a clown who offers nonsensical reasons for refusing to book a suspect brought in by Renton Police. The jail clown tells the officer he can’t book the man because he’s too drunk, his backpack is too big and he’s too loud. The video also depicts jail employees as lazy.
The clown says, “We spent the last two years shirking duties and calling in sick for no reason. I was told we’d all be promoted.”
The Renton Police officer mockingly thanks the clown for teaching him the ways of SCORE, the regional jail in Des Moines known as the South Correctional Entity.
According to the internal investigation, the offensive video was produced by Renton Police Sgt. Bill Judd, who showed it to a top commander, Deputy Chief Chuck Marsalisi. Judd told investigators the Deputy Chief thought it was funny and advised him on how to post it anonymously on YouTube.
Both men have been demoted for conduct unbecoming of an officer. Marsalisi is now a sergeant, Judd is now a patrol officer.
“There’s a process of investigation,” said Preeti Shridhar, Communications Director for the City of Renton, on the officers’ discipline. “We work closely with the human resources department. Based on that and based on their recommendations, the action was taken.”
Renton Police Department says this internal investigation only addresses one video, not 8 others that were the focus of a cyberstalking investigation. Police say they still don’t know who produced those offensive videos and are continuing to look into the matter.
If you search YouTube you’ll find at least one animation that parodies the Ottawa police department, and it’s obviously by the same people. I sent this link to the defense attorney in this case:
and Gene is welcome anywhere anytime under any circumstances 🙂
Yep … OS can stay and play all evening 🙂
A fun variation is a game using only Proper nouns or adjectives or adverbs etc. Sometimes we will award points for a non-word if it is particularly clever
Gene sez: “Yes. I have a vociferously precipitous, intrepidly extensive and nefariously lexicographical vocabulary.”
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You come across as a necromancer. Or did your amanuensis write that?
Nobody gets thrown out so OS is perfectly safe … if HenMan shows up then all bets are off … the bobcats hate to lose.
good night all … too many late nights have dulled my beauty … must pack myself in ice and hope for the best
Thanks Lotta!
“Most Americans have no clue how much trouble they’re in, do they?”
No. They don’t. It has been my experience that even some that do realize it don’t want to think about it.
Wearegonersnow: “….listen, police department, your stupid embarrassement is NOT going to be mine too.”
——–
If there’s any justice left some court, at some level, should say just that. If they ever actual catch the people that did it and they are prosecuted. Let’s hope (in the event of an arrest) the DA has more sense than to actually take the case forward. These are cartoons, not actual videos or photos but yes, in all too many places taking photos or videos of the police is illegal and sure shouldn’t be.
Wearegonersnow,
The source of this story was local TV and anon nurse was kind enough to post some local print media coverage above.
And then again, where IS the local newspaper on this one, the local TV folks? If the local police have a problem, just explain the mess to the public, problem solved. right?
That is another by-gone application that use to turn right from wrong, that Americans no longer have in their favour.
You seriously have to wonder, is that guy in the outfit a peace officer or a thug? Most Americans have no clue how much trouble they’re in, do they?