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

Tue Jan 31 11:42:52 EST 2012

Generally, yes, but one man's joke is another man's threat. In the 
'Twitter joke trial' in the UK a man was fined for tweeting - as a joke, 
he argued - that he would blow an airport 'sky high' if it didn't open 
in time. The appeals court judge in his case (dismissing his appeal) 
wrote (as summarized by UK HR Blog) that as an "educated man in his 
mid-20s, [he] must at least have been aware that in the current climate 
of concern about terrorist threats, his message might be taken as 
menacing – the mental element of the offence (that is, what he was 
thinking at the time) was therefore also made out." See: 
http://ukhumanrightsblog.com/2010/12/02/do-offensive-tweeters-have-freedom-of-expression-rights/

The US Constitution, Art 19 ICCPR and Article 10 ECHR protect jokes, 
just as any other form of speech, but there are limits to these rights. 
Restrictions are possible if they are "in accordance with law", pursue a 
legitime aim (e.g. national security, public safety, protecting the 
rights of others) and are "necessary in a democratic society".

When it comes to border control agents, the situation is different 
insofar as tourist don't have a right to enter the US and border patrol 
agents thus a rather large leeway in establishing reasons to deny access.

Seriously
Matthias

Am 31.01.2012 16:40, schrieb "Kleinwächter, Wolfgang":
> 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.
>
>

-- 

Univ.-Ass. Mag. iur. Matthias C. Kettemann, LL.M. (Harvard)

Institut für Völkerrecht und Internationale Beziehungen
Karl-Franzens-Universität Graz

Universitätsstraße 15/A4, 8010 Graz, Österreich

T | +43 316 380 6711 (Büro)
M | +43 676 701 7175 (mobil)
F | +43 316 380 9455
E | matthias.kettemann at uni-graz.at
Blog | internationallawandtheinternet.blogspot.com

--

Mag. iur. Matthias C. Kettemann, LL.M. (Harvard)
Teaching and Research Fellow

Institute of International Law and International Relations
University of Graz

Universitätsstraße 15/A4, 8010 Graz, Austria

T | +43 316 380 6711 (office)
M | +43 676 701 7175 (mobile)
F | +43 316 380 9455
E | matthias.kettemann at uni-graz.at
Blog | internationallawandtheinternet.blogspot.com

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