[governance] Caution on Twitter urged as tourists barred from US

Rui Correia correia.rui at gmail.com
Wed Feb 1 04:36:27 EST 2012


Ronald

You took the words right out of my mouth. The "shouting fire in a crowded
theatre (Oliver Wendell Holmes,
Jr.<http://en.wikipedia.org/wiki/Oliver_Wendell_Holmes,_Jr.>'s
opinion in the United States Supreme
Court<http://en.wikipedia.org/wiki/United_States_Supreme_Court>
 case *Schenck v. United
States<http://en.wikipedia.org/wiki/Schenck_v._United_States>
* in 1919) is iconic and has stood the test of time.

Whereas Handyside v. UK 'widens' the scope of Freedom of Expression, this
is counterbalanced by the "three-part" test on restrictions to this
freedom.
http://www.article19.org/pages/en/limitations.html

Article 19(3) of the ICCPR lays down the conditions which any restriction
on freedom of expression or access to information must meet:

 The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be
subject to certain restrictions, but these shall only be such as are
provided by law and are necessary:

(b) For the protection of national security or of public order (ordre
public), or of public health or morals.

The *Declaration on Principles of Freedom of Expression in Africa *uses a
similar formula. It states, in Principle II:

2. Any restrictions on freedom of expression shall be provided by law,
serve a legitimate interest and be necessary and in a democratic society.
Best regards,

Rui

On 31 January 2012 18:21, Koven Ronald <kovenronald at aol.com> wrote:

> Dear Wolfgang --
>
>  The problem is that the Homeland Security people can't seem to tell the
> difference between "crying fire in a crowded theater," which is not
> protected by the 1st Amdmt. and a genuinely funny or unfunny attempt to be
> humorous. Given 9/11, can they really be blamed for erring on the side of
> not laughing ?
>
>  I really hate what we now must go thru to get on a plane, but I might
> not even be around to hate it if someone got on a plane with a bomb. So I'd
> rather just keep the hating to myself.
>
>  Bests, Rony
>
> -----Original Message-----
> From: "Kleinwächter, Wolf
> gang" <wolfgang.kleinwaechter at medienkomm.uni-halle.de>
> To: governance <governance at lists.igcaucus.org>; Riaz K Tayob <
> riaz.tayob at gmail.com>
> Sent: Tue, Jan 31, 2012 5:00 pm
> Subject: AW: [governance] Caution on Twitter urged as tourists barred from
> US
>
>  Hi
>
> is "joking" protected by the first amendement of the US constitution and part of
> Article 19 (right to freedom of exression) of the UN Human Rights Declaration?
>
> wolfgang
>
> ________________________________
>
> Von: governance-request at lists.igcaucus.org im Auftrag von Riaz K Tayob
> Gesendet: Di 31.01.2012 16:23
> An: governance at lists.igcaucus.org
>
> Betreff: [governance] Caution on Twitter urged as tourists barred from US
>
>
> 31 January 2012 Last updated at 12:51 GMT
>
>
> Caution on Twitter urged as tourists barred from US
>
>   Post-9/11 USA is highly cautious of any perceived threat, Abta said
>
>
> Holidaymakers have been warned to watch their words after two friends were
> refused entry to the US on security grounds after a tweet.
>
> Before his trip, Leigh Van Bryan wrote that he was going to "destroy America".
>
> He insisted he was referring to simply having a good time - but was sent home.
>
> Trade association Abta told the BBC that the case highlighted that holidaymakers
> should never do anything to raise "concern or suspicion in any way".
>
> The US Department for Homeland Security picked up Mr Bryan's messages ahead of
> his holiday in Los Angeles.
>
> The 26-year-old bar manager wrote a message to a friend on the micro-blogging
> service, saying: "Free this week, for quick gossip/prep before I go and destroy
> America."
>
> The Irish national told the Sun newspaper <http://www.thesun.co.uk/sol/homepage/news/4095372/Twitter-news-US-bars-friends-over-Twitter-joke.html>
> that he and his friend Emily Bunting were apprehended on arrival at Los Angeles
> International Airport before being sent home.
>
> "The Homeland Security agents were treating me like some kind of terrorist," Mr
> Bryan said.
>
> "I kept saying they had got the wrong meaning from my tweet."
>
> No joke
>
> Abta, which represents travel companies in the UK, said holidaymakers need to
> learn to be ultra-cautious when it comes to talking about forthcoming trips,
> particularly after 9/11.
>
> Continue reading the main story <http://www.bbc.co.uk/news/technology-16810312#story_continues_2>
>
>
> "Start Quote
>
>
> 	Airport security staff do not have a sense of humour when it comes to potential
> risk"
>
> Abta
>
> "Posting statements in a public forum which could be construed as threatening -
> in this case saying they are going to "destroy" somewhere - will not be viewed
> sympathetically by US authorities," it told the BBC.
>
> "In the past we have seen holidaymakers stopped at airport security for 'joking'
> that they have a bomb in their bag, thoroughly questioned and ending up missing
> their flights, demonstrating that airport security staff do not have a sense of
> humour when it comes to potential risk."
>
> In another tweet, Mr Bryan made reference to comedy show Family Guy saying that
> he would be in LA in three weeks, annoying people "and diggin' Marilyn Monroe
> up".
>
> Mr Bryan told the newspaper that he was questioned for five hours about his
> Twitter messages.
>
> 'Tweeter account'
>
> After the interview, Homeland Security's reported: "Mr Bryan confirmed that he
> had posted on his Tweeter website account that he was coming to the United
> States to dig up the grave of Marilyn Monroe.
>
> "Also on his tweeter account Mr Bryan posted he was coming to destroy America."
>
>   Paul Chambers was fined after posting a message about Robin Hood Airport
>
> The US Customs and Border Protection agency said in a statement that it tried to
> maintain a balance between "securing our borders while facilitating the high
> volume of legitimate trade and travel that crosses our borders every day".
>
> It added: "We strive to achieve that balance and show the world that the United
> States is a welcoming nation."
>
> Mr Bryan is not the only person to suffer from a misjudged tweet. In January
> 2010, Paul Chambers tweeted that he would blow snow-affected Robin Hood Airport
> in Doncaster "sky high!" if it was not reopened in time for him to see his
> girlfriend.
>
> He was fined £385 plus £2,600 in costs - a sum which actor Stephen Fry offered
> to pay on Mr Chambers' behalf.
>
>
>
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-- 
_________________________
Mobile Number in Namibia +264 81 445 1308
Número de Telemóvel na Namíbia +264 81 445 1308

I am away from Johannesburg - you cannot contact me on my South African
numbers
Estou fora de Joanesburgo - não poderá entrar em contacto comigo através
dos meus números sul-africanos

Rui Correia
Advocacy, Human Rights, Media and Language Consultant
Angola Liaison Consultant

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