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Doug Burns and Tamara Holder discuss if people who deliberately tweet misinformation during catastrophes be prosecuted?
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Perhaps it's had a this guy last week and hearing the during the storm the awful storm that hit the northeast.
This guy who's put a handle I believe was comfortably smug.
Tweeted add to that the flaw of the New York Stock Exchange.
Was flooding which was completely bogus tweet.
Now if you.
Do something like that.
Should -- be prosecuted -- While I -- I personally don't think so based on the First Amendment alone has that former criminal defense attorney -- -- that work essentially constitutional rights attorneys.
If you look at the most recent case which was I USB Alvarez the -- -- There was a lot that said if you lied about receiving a out medal of honor it was a crime.
And the Supreme Court that -- actually no it's it's not they overturned a -- that this is an unconstitutional.
Walk.
Going back to freedom of speech yell fire in a movie theater on and -- there are people that are killed or what -- ever.
It's it's still freedom of speech don't.
I look at the statute okay.
In New York first to have the felony statute that does not apply and that would be reporting.
An explosion and a fire.
People respond that are hurt and killed put that to the site.
That's the easiest version of it the least serious is false report about a catastrophe.
Knowing that it's false is an AA -- misdemeanor punishable zeroed in mind it is technically if you can prove that he knew was false.
Which is an open question I -- I know that sounds silly but maybe he saw a report that the stock exchanges under three feet of water and -- -- Then it is that misdemeanor but I agree with the hammer -- -- -- -- in the sense I don't think they will charge him.
Because the funny thing is is that it really depends on whether or something negative happened and nothing -- are but tell our third third if -- We'll do these kind of things there is -- always the danger the distinct danger.
That first responders who could have saved -- -- -- diverted to that other place I mean surely.
Something has to happen if somebody if somebody causes that to happen and I'm not saying he did in this case but shouldn't -- -- a law that if that does happen.
Then there's some sort of punishment can be -- out.
Well sure there's this but there's a slippery slope like dogs sad when -- looked at the statute false reporting.
Generally when you think of when -- in lawyer speak we look to the intent of the statute.
False report is really the person that goes the police department and fills out a police report but now in this -- with FaceBook and Twitter is that really a report.
And what at to what extent do we have a duty or no duty to rely on -- on somebody tweeting anything whether it's.
About somebody's behavior or you know like a -- So -- you know I think that it's added it's just a different world there are gonna have to see these cases and move on up -- -- Where were the court's lead us because it is until -- slow.
We pretty much anything we want to own tournament are you hit it right on the head honestly and that is that prosecutors have discretion so to use your example and you're so right.
If in fact people responded to this -- it would be prosecuted with this misdemeanor since if they didn't they probably won't.
Now camera mentioned and -- there's not too many Supreme Court reports that a famous but.
The one about you can't yell fire in a crowded theater Oliver Wendell Holmes 1919.
The shank case.
We all learned that most well.
And the point is there are exceptions to free speech and you can't issue a false report the other thing is there's a federal law that makes it a crime to issue a -- weather report in a false -- -- whether important -- -- I'm not that I'm not gonna say it's gonna be shot at sunny and 85 degrees in yield today.
Because I could be prosecuted for -- weather report I all right time.
-- hold.
Fox News contributor from Chicago thanks have funny Chicago you don't Obama's body tonight.
Now I got a company but here but I.
Hello I -- that I don't want it there pop up.
All right camera enjoy Election Day thank you very much and Doug burns won't federal prosecutor -- as she -- thank you -- my pleasure enjoy this -- an Election Day and let's focus.
That'll -- -- illegal colleagues on not employed full weeks and months deciding this election for us as a Mo -- Iraq says as a child.
Article -- we're asking my father how we vote did he replied that he was proud of -- vote.
Vote but it was none of their business how the times of change I hate the polls let's just vote.
And get the results that is a very good way to wrap it up here once again as I say.
When you know everything about the issues -- very little about the issues.
Go and exercise -- go right to vote there is no and more important right that we have do it.
Do it now.
