Smack talk, social media, and Indiana's new 'threat' law
We took another scary big step in the balance between security and freedom of speech today.
You can now be arrested in Indiana for making "threats" through social media posts. The changes were part of Senate Enrolled Act 361 (for those who want to look up the law itself).
What you need to know as an adult:
Don't write joking posts about anything that even vaguely involves explosives, fire, weapons, death, or dismemberment taking place in schools, hospitals, government buildings, city busses, ocean liners, airplanes, or even on the back of a scooter.
Stupid, thoughtless, off-hand, and dark-humored posts can now land you in jail, even if you meant them as playful banter.
Do not assume that typing "j/k" or "LOL" after a post will mean anything to a police officer or prosecutor. (I sincerely hope it will, but I don't have much faith in that.)
Make your common sense more common. Much more common.
What you need to know as a parent:
Everything I said above about what adults need to know applies twice as much for tweens, teens, and college students -- especially teens.
Your social media-using kids need to know that "sh*t just got real" when it comes to what they post online. (And if that's the phrasing it takes to get their attention, then you have my permission to use it).
Posting on social media outlets like Twitter, Facebook, and Instagram is now treated the same as yelling in the middle of the mall. If they wouldn't scream it at the top of their lungs in the mall in front of an audience of strangers, don't post it on social media.
This is doubly true for online conversations when, in their minds, they're just "screwing around and saying stupid stuff" between friends.
"Smack talk" posts don't go on social media any more. Period. Your kids and their friends may understand that it's just talk, but police may not.
Adding "j/k" (for 'joke') or "LOL" after a comment like "I'm going to burn your school and kill you dead!" may or may not mean anything to a police officer, prosecutor, or judge. More likely, they'll stop reading after 'dead.'
Broadens the definition of "communicates" to specifically include "social media" (which is defined elsewhere in IC 35-42-4-12(d))
Adds the ability to be arrested for making threats via social media against a structure or vehicle, if you cause a structure or vehicle to be evacuated, or if you interfere with the occupancy of a structure or vehicle
Increases penalties if you post a threat against an employee of a hospital, church, or religious organization
increased penalties if the threat is against a judge, bailiff, prosecuting attorney or deputy prosecuting attorney.
Examples already in the news
18 year-old Justin Carter is in jail because of online smack-talk with another player after an online game session.
18 year-old aspiring rapper Cameron Dambrosio was charged with making terrorist threats in a rap video he posted. The charges were dropped after a grand jury refused to indict him.
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