A Kansas woman is trying to drum up support to make it illegal for cyberbullies to post hurtful comments and photos on memorial websites, The Kansas City Star reports.
The crusade began when Karla O’Malley happened by a car wreck on Christmas Eve in which an Arkansas teenager ultimately died. When she went to post her condolences on a memorial website for the teen, she found that someone had posted off-color comments about the teen’s demise. Someone had posted that they wished the teen would have suffered more, while another post included a photo of the accident with the caption, “Oops, I died.” There were more such comments.
“I am not a legal expert by any means,” O’Malley admitted to The Kansas City Star. “I just have a strong burning inside to make this stop. Protestors can voice their opinions elsewhere, but there is a time and place for mourners to be left alone.”
Despite her lack of legal background or training, O’Malley wrote what she’s calling the Travis’ Law. If enacted, it would make it a federal crime to post remarks or photos intended to hurt others or “create a hostile environment,” and would include “customary standards” to define what’s out of bounds.
“It sounds as though the law would be aimed at suppressing particular viewpoints, and anytime a law attempts to do that, it faces a lot of First Amendment hurdles,” said Doug Linder, a professor at the University of Missouri-Kansas City School of Law. “I think it would be very difficult to draft a law that would stand constitutional challenge there.”
What are your thoughts on the matter? Could, or should, such a law be enacted? Post your thoughts in the comments section below!
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