Are violent selfies protected by the Constitution?

  • By Paul Rubell
  • •
  • 29 Apr, 2017
Taking videos is a form of expression that is guaranteed by the Bill of Rights. However, even free speech has constitutional limits. For instance, if you shout "fire" in a crowded theater, you can be arrested and the 1st Amendment will not protect you.
by Paul Rubell, Esq.

We all cringe from the recent spate of hateful videos made by criminals while committing heinous felonies. As if their ugly crimes aren’t enough, we have to watch the gruesome spectacle unfold before our eyes on Facebook, Twitter and the nightly news. The crime victims suffer embarrassment and worse.

Here in New York, a state senator has introduced legislation that would make it a crime to film a video of a violent crime in action. The intent of the proposed law is a good one. Facebook, Twitter and LinkedIn need to stop felons from using social media to promote their violent crimes online. We do not want to give these hoodlums 15 seconds of fame.

Senator Philip Boyle’s proposed law probably violates people’s First Amendment rights to speak freely and publish freely. These fundamental freedoms are at the foundation of American law. Our Constitution guarantees you the right to express yourself. In fact, the Constitution states that you own the copyright to your own creations including songs, paintings, poems, photos, multimedia, computer code and apps.

Taking videos is a form of expression that is guaranteed by the Bill of Rights. However, even free speech has constitutional limits. For instance, if you shout “fire” in a crowded theater, you can be arrested and the 1st Amendment will not protect you. In 1942, the US Supreme Court ruled in Chaplinsky vs. New Hampshire that “fighting words” are not protected speech.

Are crime scene videos the kind of “fighting words” that are unprotected by the Constitution? I think Senator Boyle’s proposed anti-video law could rupture the 1st Amendment. What do you think?

Cyberliability and Privacy Issues in the Food and Beverage Industry

By Paul Rubell • November 2, 2018
Cyberliability and privacy are very important to the food, beverage and hospitality industries. Today the industry faces many 21st century risks. Paul Rubell addresses these risks.

Europe Can Regulate Your Company's Facebook Page

By Paul Rubell • July 16, 2018
by Paul Rubell, Esq. Every company in the world that has a Facebook social media page may be subject to the European Union’s newly-enacted GDRP (General Data Protection Regulation) and the chokehold of EU law enforcement. Many businesses wrongly believe they are not collecting personal data via their Facebook pages but that is likely not […]

USA indicts the Chinese hacker who breached Anthem’s website

By Paul Rubell • August 30, 2017
  by Paul Rubell, Esq. A 36-year old Chinese national from Shanghai has been indicted by a federal court in California for transmitting malicious software tools to companies located in the United States. Yu Pingan was arrested on August 27, 2017 when he arrived in the United States to attend a conference.  Pingan used the online pseudonym […]

Not best practices: Apple’s iCloud is neither private nor secure

By Paul Rubell • April 17, 2017
by Paul Rubell, Esq. Can your business survive a massive data breach? If your business stores, backs up or syncs its data to the cyber cloud, take note. Apple’s iCloud is currently the subject of ransomware. As you will read, the moral to this article is that confidential business data, trade secrets, customer lists and […]

Best practice to keep your trade secrets private: avoid Password Managers

By Paul Rubell • April 17, 2017
by Paul Rubell, Esq. Information is the currency of 2017. For this reason it is mission-critical to keep data currency safe, secure and private. Just as gold bricks should be stored in a physical safe, data needs to be kept secret electronically. Passwords are the key to enter the digital vault. Strong passwords are designed […]

Twitter says hello to hacking; Users say goodbye to privacy

By Paul Rubell • March 16, 2017
Enjoy my newest article. You can read more on my blog at paulrubellblog.wordpress.com.

Awaiting the President’s Cybersecurity Executive Order

By Paul Rubell • March 13, 2017
by Paul Rubell, Esq. Witness today’s risks of cyber crime.  Hackers, bad actors and foreign governments have long had the ability to assault our Nation. Current events have opened citizens’ eyes to the reality of the cyber threat. It is remarkable how the public has either forgotten or turned a blind eye to well-known security […]

Net Neutrality is No More

By Paul Rubell • March 3, 2017
By Paul Rubell, Esq. Internet users have been suddenly stripped of an important source of privacy protection.  On March 1, 2017, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) abruptly suspended the net neutrality rules that had been scheduled to go into effect on March 2nd.  Internet users in the United States have […]

Cross-Browser Tracking: It’s time to update your Privacy Policy!

By Paul Rubell • February 16, 2017
by Paul Rubell, Esq. It is remarkable that many companies do not know the vastness of private information they obtain from their social media and website.  It is essential for every business to understand its legal responsibility to protect their customers’ personal information. OLD NEWS:  Web browsers can follow your voyage through the Internet. Firefox, Internet […]

The Internet of Things is not especially secure

By Paul Rubell • January 24, 2017
by Paul Rubell, Esq. Cameras and other surveillance devices are supposed to protect your home. It’s kind of bittersweet, then, that these devices are not especially secure themselves. Hackers can turn home protective devices such as cameras against their owners.  IoT cameras can unlock the door to your home instead of safeguarding it. Samsung’s SmartCam […]
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