3 ms·
Harassment is a lot narrower than people tend to think. It restricts people from makings communications that the subject does not want to be a recipient of. It
by Manuel_D 2y ago
Harassment is a lot narrower than people tend to think. It restricts people from makings communications that the subject does not want to be a recipient of. It does not restrict people communicating between each other about the subject. Abby following Jane around calling her fat is harassment if it is severe and pervasive. Abby and Betty texting each other, and talking to each other about how Jane is fat is not.
At least as far as criminal harassment goes. Schools can adopt more restrictive policies but the consequences would only be suspension, expulsion, etc. not criminal charges.
- JumpCrisscross 2y ago> Abby and Betty texting each other, and talking to each other about how Jane is fat is not What if they do so publicly?
- Manuel_D 2y agoThe takeway is that harassment laws restrict what people are saying to you, not what they're saying about you among each other. If the police actually tried to prosecute them for harassment, the question the courts would be asking is, "could Jane reasonably avoid having to hear it?" Harassment is about being able to not be the recipient of communications you don't want to receive. Calling Jane fat on message boards, twitter, in a bar, etc. would all be fair game. There's more restrictions if Jane is a captive audience. The courts have ruled that certain settings where people can't easily just leave - namely work and school - have greater restrictions. Again, the question the court would be asking is "can Jane reasonably avoid this speech" and it's a much bigger barrier to leave one's workplace than walk out of the bar.