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Is expressing VIOLENT thoughts in poetry a crime?*DizzyME*

  Author:  9130  Category:(Debate) Created:(5/28/2004 4:11:00 PM)
This post has been Viewed (1625 times)

Taken from CNN.com:

SAN FRANCISCO, California (AP) -- The California Supreme Court is deciding whether to throw out the conviction of a 15-year-old boy who served 100 days in juvenile hall for writing a poem that included a threat to kill his fellow students.

The case weighs free speech rights against the government's responsibility to provide safety in schools after campus shootings nationwide.

Attorneys for the San Jose boy, identified as George T. in court records, described the poem Thursday as youthful artistic expression. One passage says: "For I can be the next kid to bring guns to kill students at school." Another reads: "For I am Dark, Destructive & Dangerous."

"This is a classic case of a person expressing himself and trying to communicate his feelings through a poem," attorney Michael Kresser told the court, which gave no clear indication what it would do. A ruling is expected within 90 days.

Chief Justice Ronald George and other justices wondered aloud whether George T.'s statements were protected speech because they were presented as verses in a poem.

Deputy Attorney General Jeffrey Laurence replied: "The First Amendment doesn't protect against criminal conduct."

The law in question, usually invoked in domestic violence cases, carries a maximum one-year term for criminal threats that convey an "immediate prospect of execution." The lower courts found that this threat met that definition, a decision the boy's attorney argued was unfounded.

"At the heart of this case is the First Amendment right of any young person to explore the whole range of his emotions and experiences, and write about disturbing subject matter without fear that he will be punished should his work be misinterpreted," said Ann Brick, an American Civil Liberties Union attorney.

For the full article, look HERE: http://www.cnn.com/2004/LAW/05/28/violent.poetry.ap/index.html

On Wednesday, a 14-year-old boy was arrested at a middle school in the San Francisco suburb of Walnut Creek after posting a cartoon on the Internet with a caption that referred to a teacher, reading: "Maybe I should kill him and urinate on his remains."

________________________________________

What do you think about this? Should these teens be in jail over expressing thoughts? It isn't as if they actually were planning an attack.



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Replies:      
Date: 5/28/2004 4:22:00 PM  From Authorid: 3688    Unless they found proof that he was planning to do something (and by proof I certainly mean more than the written word) then no he shouldn't be arrested.  
Date: 5/28/2004 4:31:00 PM  From Authorid: 17014    Freedom of Expression- they can't do anything about what he wrote. But if he ever acted out on his writings they could call it pre-planned murder...can't think of the technical term for it.  
Date: 5/28/2004 4:32:00 PM  From Authorid: 49101    If they want to punish the boy they are going about it the wrong way. The child doesn't need punishment, if they think his poem held some truth then maybe just MAYBE he is crying ut for HELP. At least I would think that is the COMMON SENSE way to look at it... I wonder if any of the people responsible for locking him up remember what adolesence is all about???  
Date: 5/28/2004 4:33:00 PM  From Authorid: 49101    Pre-Meditated Kelsey.   
Date: 5/28/2004 4:38:00 PM  From Authorid: 19685    no i don't. why is it that they don't seem to care WHY this boy felt the need to write it?? does it possibly say something wrong is going on in his life that he has no control over? i feel sorry for this kid. poetry is expression and meant for an outlet. i don't see eminem getting arrested for repeatedly speaking of murdering his ex-wife.  
Date: 5/28/2004 4:51:00 PM  From Authorid: 3835    I feel that poetry expresses creative thought. Just because he writes it, are they just mere observations of the world around him, being put into words that convey his view of how the world is in his eyes? I do not feel he should have been jailed for this, unless there were positive signed documents of underlying issues that could support the statements the courts are pursuing, in reguards to his mental stability at this time. World violence is obviously affecting this person, but through poetry... in my opinion that is creative thought, as most who really mean to do harm, would not take the time to write a poem about it would they??  
Date: 5/28/2004 4:52:00 PM  From Authorid: 17014    hee hee thanks Miss C. ...my brain is mush right now...lol.  
Date: 5/28/2004 4:56:00 PM  From Authorid: 49101    That is very true Shattered. I know this guy Allen, who is the lead singer for a band called "The Blessed Virgin Larry" and he once wrote a song about a girl I knew that he dated, the song was entitled Killing You (And yes it was about killing her). That doesn't mean he killed her.  
Date: 5/28/2004 5:22:00 PM  From Authorid: 62367    Jailing kids in juvenile hall for poetry violations is nonsence. If the kid wrote several violent poems, maybe professional intervention is called for but otherwise let the kids write whatever they want. Adults don't get jailed for violent poetry.  
Date: 5/28/2004 6:28:00 PM  From Authorid: 62599    does he name names in his poems? if not, this is ridiculous  
Date: 5/28/2004 6:54:00 PM  From Authorid: 4995    Okay I may get razzed for this but I am in COMPLETE and TOTAL belief here the boy was done too harshly. I do think they might have kept a close eye on him due to the fact of all the murders that go on in schools these days..maybe counseling would have been a better idea..but as a poet myself and I know plenty of people who are..I tend to time to time write sick and twisted things myself as a way of releasing them..I am kind of in the middle of this one..but I do support free speech..its sad so many young people have to feel dark suicidal and misunderstood inside...Peace.  
Date: 5/28/2004 7:07:00 PM  ( From Author ) From Authorid: 9130    One thing I was thinking of when I read this was Eminem-- didn't he get a lot of heat a couple years ago because of some song lyrics he wrote about killing? Yet nothing was ever done to him-- so why should they put this teenager in jail for doing the same thing?  
Date: 5/28/2004 7:20:00 PM  From Authorid: 5886    It's called Thoughtcrime. Typically police states prosecute people not for committing a crime, but they prosecute people who they think MIGHT commit a crime. Writing poetry like that is not against any laws that I'm aware of, but they figure they'll make an arrest before it turns into an act. Of course, how many people would they have to arrest if they went after everyone who thought about killing somebody?  
Date: 5/28/2004 7:20:00 PM  From Authorid: 57232    Arrested is MUCH but....cautionary, you can't be too careful these days, the Eminem argument, like yeah right Eminem is going to kill someone, he'll be someone's girlfriend if he were in jail, there are some things you don't write about unless you mean it. Is the kid picked on? Is he a loser? Oh I'm so "I don't know" about this one, that's my comment, sorry it doesn't make any sense  
Date: 5/28/2004 8:53:00 PM  From Authorid: 15070    Good Lord. Talk about "Over-reaction". The kid was writing a poem. Teenagers can suffer from dark thoughts, and mood swings. Punishing him, unless he has ever been caught with a weapon, and shown serious intent is silly as heck. That is my opinion.  
Date: 5/28/2004 10:30:00 PM  From Authorid: 13897    jail? no. that wouldn't do the kid ANY good.. why not encourage him to talk with a councellor about why he is so angry.. that would do way more good than throwing him in jail.  
Date: 5/28/2004 10:34:00 PM  From Authorid: 12341    Going to far, for sure.  
Date: 5/28/2004 11:10:00 PM  From Authorid: 37900    Eric Harris and Dylan Klebold, the young men responsible for the Columbine massacre, expressed similar dark thoughts in the days and weeks before their rampage. To communicate such thoughts does not automatically mean one will be a serial killer, but an interesting issue is raised: is such language more important than the lives of innocents that may be lost? I don't think so; a 15-year-old that writes, "I am Dark, Destructive and Dangerous" may well have problems that go deeper than the freedom to say what he wants.
  
Date: 5/28/2004 11:45:00 PM  From Authorid: 42568    There is a big difference between Eminem and this kid. "George T." is an adolescent and Eminem is an adult. That may not seem like much but there is a stereotype on teens these days that they don't know much about life and can partake in irrational decisions. Everyone has the freedom of speech until it endangers another's life. Sure, he may not of intended to act on his words, but how does one know that? My friend Willis was kicked out of school for a drawing that he did in an art class. He drew a bomb over the school (or something like that) and a teacher that saw it thought it was a threat and had him expelled. He had to home school himself and didn't end up getting his diploma a whole year later than he would have. I think it is unfair that what happened to him, but I also think he was a moron for doing so IN SCHOOL where someone could see. Being arrested may seem like a harsh punishment, but after Columbine, these "threats" really shouldn't be taken lightly.  
Date: 5/29/2004 1:03:00 AM  From Authorid: 11348    Just because he maybe have written about violent things doesn't necessarily mean he would actually do these things. So, no I don't think this is a crime. However, depending on everything the poem actually said, this could be seen as a threat to certain individuals, and in that case should be looked into. I absolutely do not think he should have to be punished with jail, but I do think that because of all the violence in school and everything else, a threat should always be taken seriously. He should have been talked to, maybe gone to a psychiatrist to make sure that he wasn't actually planning on following through with this stuff. On the otherhand, there is a great chance he may have been just being a kid.... blowing off steam, in which case it should not be considered a crime.  
Date: 5/29/2004 6:33:00 AM  From Authorid: 59418    whatever happened to freedom of speech?  
Date: 5/29/2004 9:16:00 AM  From Authorid: 19685    I keep seeing people say this kid has problems. But you know what I think? I think it's possible the kids he's forced to be around everyday have more severe problems. They probably do make life hell for him. I've been in these shoes. Think I haven't played out murdering some people I went to school with in my head??? Trust me, with the awful things they would say and do to me, it was very easy. I've also written songs and poetry expressing these thoughts. But hey, I didn't do anything and never would. Capable of feeling one way does not mean one is capable of doing it. It just means the kid is human and has feelings and emotions as a consequence of some probably torturous behavior.  

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