Does Encouraging Someone to Commit Suicide Cross the Line of Free Speech?

Posted by on Apr 11, 2016 in Blog | 0 comments

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A girl allegedly repeatedly encouraged her boyfriend to kill himself via text messages. He died as a result of carbon monoxide poisoning. Now two years later the girlfriend is in court after being charged with manslaughter. Is a person that encourages someone to kill themselves protected under the constitution’s first amendment right of free speech? During the trial, Justice Robert Cory asked the big question, “When did this cross the line — when did these words cross the line?”

Kids’ encouraging other kids to kill themselves is happening everyday via cyberbullying on social networking sites. And they’re doing it. Words matter. This case matters. The prosecutor argued that Michelle Carter pressured Conrad Roy III for weeks to end his life and engaged in “emotional manipulation” of a vulnerable teen that had struggled with depression and previously attempted suicide.

The defense is arguing that this is free speech. What do you think? There have been several tragic suicide deaths like 15 year old Bart Palosz who was encouraged by three people to kill himself on social media. Or Kiana Arellano who attempted suicide by hanging after receiving text messages like, “You’re pathetic! No one likes you. Everyone at school hates you! You deserve to die.” She is now wheelchair bound with brain damage.

A large study of 2000 middle schooler’s found that victims of cyberbullying were almost twice as likely to attempt suicide. Cyberbullying can increase risk of suicide by amplifying feelings of isolation, instability, and hopelessness. This is especially true for children/tweens/teens with preexisting emotional, psychological, or environmental stressors. 

New laws clearly distinguishing cyberbullying and suicide encouragement from free speech need to make their way through Congress. I doubt that in 1791, James Madison ever envisioned Facebook, Twitter, or smartphones when he drafted the First Amendment of the Bill of Rights in the Constitution.

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