Derogatory statements toward "enthroned tulku" labeled free speech, defendant compared to Colonists

The case of United States v. Cassidy (2011 WL 6260872) has made headlines in recent days for many reasons. Cassidy was charged under the federal stalking statute (18 U.S.C. § 2261A(2)(A)) for actions on  Twitter and a blog. Cassidy met the victim, "an enthroned tulku or reincarnate master who was enthroned in 1988 as a reincarnate llama" after claiming to be a tulku. Cassidy worked with the victim for two weeks, and upon termination, went to cyberspace to complain. 

In total, the victim claims that over 7,000 tweets were directed at her. Other derogatory statements were made on a blog titled "Digital Tibetan Buddhist Altar." The tweets included:

• "you are a liar & a fraud & you corrupt Buddhism by your very presence: go kill yourself."
• "that ho b*tch so fat if she falls & breaks her leg gravy will spill out."
• "Rain tomorrow should cover the tracks..."

The victim did not leave her house for a year and a half after these acts, except for visits to a psychiatrist.

After extensive analysis, the court found the statements protected by the First Amendment. The victim was "a well-known religious figure" and "challenge[d] her character and qualifications." Further, "the Government's interest in criminalizing speech that inflicts emotional distress is not a compelling one."

Continue reading after the jump to see how the judge compared Cassidy's posts to how our Founding Fathers might have put up signs in their front yard.

"Suppose that a Colonist erects a bulletin board in the front yard of his home to post announcements that might be of interest to others and other Colonists do the same. A Blog is like a bulletin board, except that it is erected in cyberspace rather than in one's front yard. If one Colonist wants to see what is on another's bulletin board, he would need to walk over to his neighbor's yard and look at what is posted, or hire someone else to do so. Now, one can inspect a neighbor's Blog by simply turning on a computer. 

"Twitter allows the bulletin board system to function so that what is posted on Colonist No. 1's bulletin board is automatically posted on Colonist No. 2's bulletin board for Colonist No. 2 to see. The automatic postings from one Colonist to another can be turned on or off by the owners of the bulletin boards, but there is no mandatory aspect of postings on one Colonist's bulletin board showing up on the other's. It is entirely up to the two Colonists whether their bulletin boards will be interconnected in such a manner....

"Whether couched in terms of the Internet or Colonial bulletin boards, there is one consistent aspect of both eras. One does not have to walk over and look at another person's bulletin board; nor does one Blog or Twitter user have to see what is posted on another person's Blog or Twitter account."

I'm trying to imagine the effect of Thomas Jefferson posting a link to the Declaration of Independence on King George III's Facebook wall (other than the almost automatic de-friending, of course). Someone actually beat me to it: