In 2016 United States District Judge Marco Hernandez banned a man from operating a legal website just because it makes people mad. The website in question was STDCarriers.com where people would sign up and post complaints about people with STDs. One of the people on the list began stalking and harassing the owner until he responded with a threatening email. At a modification hearing Judge Hernandez said, “I told him that it was not illegal at sentencing. I said as much…My question is: Does it make people mad?”
Hernandez’s logic was that the defendant needed to be prevented from making people mad because when someone got mad and harassed him, he committed the offense of conviction. The decision was appealed to the Ninth Circuit and upheld citing personality traits in relation to public protection. So basically if someone commits a crime they can be banned from working and exercising free speech if that crime was against someone they had already pissed off.
This was a lesser restriction to a previous ban on computer use.
Published at Thu, 12 Sep 2019 20:01:50 +0000