Quite the contrary, actually. The reality is, anyone can sue anyone for any reason, but that doesn't mean the court will tolerate it past the initial case-meeting, or that it will succeed. You merely need to have the resources to go to court in the first place.Not The Bees said:There are precedents set up in the federal courts that if a privately owned site that allows online bullying, harassment, sexual harassment, or other such things, that the person in question can take you to civil court and sue.
In terms of the actual law, the existing language is that websites are NOT liable for any of the things you mention, any more than they are legally liable for censoring speech by prohibiting persons from visiting their sites. They are not required to exercise censorship, nor prohibited from doing so. The only thing they ARE prohibited from allowing is specific illegal activity.
So unless you are going to argue that a specific person is engaged in actual lawbreaking, your position holds no water, nor does it provide cover for total bans of discussing GamerGate on specious allegations that "the whole movement is about misogyny".
Even if that's your point of view, it's not a matter of adherence to any law.
Factually speaking, nope. From Findlaw http://criminal.findlaw.com/criminal-charges/harassment.htmlDid reddit go overboard? Maybe. Were they covering their asses so they couldn't be held liable in case Quinn decided to start holding people accountable for people harassing her? Yes.
Note the particulars.Criminal Harassment versus Civil Harassment
Criminal harassment should not be confused with how "harassment" is often used in contexts such as workplace discrimination lawsuits. Federal and state laws ban discrimination against certain types of people in certain situations, such as at work or in housing decisions. In these non-criminal contexts, the victim can sue the harasser in a private civil lawsuit, alleging that the harassment constitutes discrimination.
On the other hand, criminal harassment is usually confined to state law. States vary in how they define criminal harassment. Generally, criminal harassment entails intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them. Not all petty annoyances constitute harassment. Instead, most state laws require that the behavior cause a credible threat to the person's safety or their family's safety.
Though state harassment laws vary, they often take different levels and methods of harassment into account. Separate penal statutes or a general harassment statute may list various ways to communicate harassment, including telephone calls, emails, and other forms of communication. Whether there was any legitimate reason for the communication becomes a factor under many states' harassment laws.
1) Unless you're claiming criminal harassment, you must show that the person's misconduct arises from a position of power they hold over you, such as being an employer or a government worker causing harm to your work environment or benefits. Nasty comments on an Internet forum do not otherwise qualify.
2) Law enforcement, not the complainant, is the determinator of whether a credible threat to safety exists.
a) Right now, of three allegations where the person fled their home out of a safety concern, one has not bothered to involve the police. This alone would undermine an actual court case when a lawyer would ask why the police were not immediately, or at least quickly, notified.
b) All three have undermined their cases somewhat by exploiting the threats for sympathy and plugging their personal professional projects into the discourse while doing so. Similarly their supporters --- both journalistic and otherwise --- have done so as well, claiming that criticism of their work amounts to harassment even when there is no vitriol directed at them personally. No less than Kyle Orland of Ars Technica, the originator of the GamesJournoPros mailing list, provided a key example when he called for his fellow journalists to use the controversy surrounding ZQ "as an excuse" to provide her game with coverage. Not incidentally, this also happens to be something GamerGaters call out routinely as an example of journalistic failings within the game industry. In court cases, this behavior is usually called out by the defense as "grandstanding" and often makes obtaining a conviction much harder... especially when the alleged victim is publically pointing fingers despite not knowing who the actual perpetrator is.
c) We then have ZQ publically tweeting who she was going to be staying with, after declaring she was fleeing for her safety on grounds that someone had outed her real-world location. Any lawyer would ask her why she then outed her own real-world location. Add to this BW's circumstances of having a sock-puppet account (who else is going to use "DeathToBrianna" as their account name?) pop up and spam a half-dozen tweets at her just in time for her to turn on her computer and go to Twitter. Not a quarter-hour had passed between the oldest threats and her screencap of same. Their timing, specificity, lack of followup threats, and lack of any actual real-world threat manifesting itself in so much as garbage being picked through or vandalism, would undermine the credibility of these threats in the eyes of a court.
3) Criticism of a person's work is neither civil nor criminal harassment, even if it is intended to be nasty. Indeed, a number of critics in games journalism frequently resort to epithets. Yet, such criticism has been the vast majority of comments on websites which have chosen to shut down all such talk, with folks such as Stephen Totilo trying to badger the Escapist's Greg Tito into doing likewise --- on blanket grounds of harassment.
No privately-owned website is required to allow ANY speech, public or private, to be conducted through their websites. Neither, however, are they legally liable for same, nor expected to "police" such.