Ashley Tisdale
Actress-singer Ashley Tisdale recently scored a restraining order against an alleged stalker who showed up at her house. But before that he’d over-tweeted his welcome as a fan, logging thousands of messages on Tisdale’s Twitter page since November, sending her to the cops with worries about her safety.
Creepy Tweets
Tisdale first reportedly grew alarmed when her handlers noticed that one fan had tweeted to her account almost 19,000 times in the last six months. Some of his tweets were creepy and delusional: “My body is yours & even as friends I f***in love how I make u feel like mom maybe we both got issues cuz nobody’s perfect”; and “I’ll never lose u baby even in 20 years til infinity you’ll always b my best friend.”
She asked the Los Angeles Police Department to investigate, and they identified a suspect. He also showed up at her home several times, once even pretending to be a delivery man; then his tweets turned really weird, referencing song lyrics about guns.
Tisdale, worried that the man might hurt her or her boyfriend, asked for and was granted a temporary restraining order; another hearing is set for June 5.
‘Credible Threat’
Jeffrey P. Hermes
Can someone really get in trouble with the law for tweeting too much? “There are two aspects to consider here – the content of the tweets and the number of the tweets,” says Jeffrey P. Hermes, director of the Digital Media Law Project at the Berkman Center for Internet & Society at Harvard.
“Typically, the content of social media messages, even if unwelcome, is protected by the First Amendment and should not be the basis for a court-ordered restriction on a person’s liberty,” Hermes explains, but adds that “some speech is outside the protection of the First Amendment, including credible threats of physical harm.”
“Whether the tweets, taken together, convey such a ‘true threat’ will depend on the specific language used,” he says, and if they do, the judge can issue a restraining order. But, Hermes adds, “mere references to violent song lyrics might or might not be enough.”
Scary Numbers
“However,” Hermes continues, “even if their content is constitutionally protected, the raw number of tweets might in some circumstances be found to be conduct supporting the issuance of a restraining order.” Even though the man’s tweets were spread out over about six months, almost 19,000 tweets works out to an average of over 100 tweets per day.
Plus, spamming someone’s Twitter account surely violates Twitter’s Terms of Service, and Tisdale could have asked Twitter to shut down the alleged stalker’s account, or she could have blocked him.
“In this circumstance, it sounds like there was more going on,” he allows. “The combination of the numerous tweets with other conduct might tip the balance in favor of issuing a protective order.”
Free Speech Defense?
It’s possible that an alleged stalker could use the First Amendment to defend against any prosecution he or she might face. If someone was tweeting anonymously, the prosecutor would have to try to get information about his or her identity from Twitter. (In Tisdale’s case, the man has already been identified as Nicholas Fiore.)
“Because anonymous speech is protected under the First Amendment, Twitter could argue that, before it is compelled by subpoena to reveal the user’s identity, the government should be required to show either (a) that the specific content of the tweets is unprotected under the First Amendment or (b) that the nature of the tweeting behavior is criminal irrespective of its content.”
Thus the prosecutor may have to stay away from arguing about the content of the speech. “The prosecutor must still be very careful not to rely upon any expressive elements of the tweets that are protected by the First Amendment as a basis for criminal liability,” Hermes says.
“Prejudicing the jury by invoking offensive but nevertheless constitutionally protected statements by the defendant could result in a mistrial or reversal on appeal,” he explains.
Don’t Suffer in Twittersphere Silence
You don’t have to be famous to be stalked on Twitter. Hermes says that if you feel you’re being harassed online, you can take advantage of blocking or asking Twitter to shut down the offending account.
“If, however, you feel like you are in danger or fear for your safety as a result of messages you receive on Twitter, do not ignore those feelings,” he warns. “Contact the police immediately, and consider seeking the help of an attorney to obtain the protection of the court.”
