It’s no secret that social media has drastically changed the way in which people communicate with one another. While this allows people to find like-minded communities and inspiration, it has also undoubtedly resulted in many people hurling threats and harassment at those they disagree with. However, what many may not realize is that at a certain point, the comments made on social media can turn criminal. As such, if you are facing charges over online activity, the following blog explores this threshold in further detail, along with some of the most common charges you can face and how to proceed with the help of an OKC criminal defense lawyer to explore your legal options during these complex times.
When Does Free Speech Become Hate Speech Online?
One of the most common misconceptions is that all speech is protected under the First Amendment. It’s important to understand, however, that while unpopular speech is protected, true threats and incitement are not.
As such, while you are free to say things online that many people may disagree with, the moment you make a threat towards someone or use your platform to incite violence, you can face criminal charges as a result.
For example, you may post online about not liking a certain celebrity. However, the moment you say, “I am going to find you and make you pay,” to the celebrity, it becomes a crime, as you have now threatened physical harm.
What Charges Can Arise From Social Media Activity?
Generally, the most common charges to arise from social media activity are harassment and cyberstalking charges. Repeatedly messaging someone, leaving obscene comments, or tagging them in upsetting posts can lead to harassment and cyberstalking charges. In addition, the victim may take out a protective order against you.
However, there are also a number of instances in which social media users have been charged with terroristic threats or making false reports. Generally, any threat made with the intent of creating fear directed toward schools, individuals, businesses, or religious entities will be considered terroristic threats. In Oklahoma, this is considered a felony offense, carrying up to ten years in prison.
You should also note that falsely reporting events like a shooting or bomb threat is a felony offense under Oklahoma Law.
What Should I Do if I’m Contacted By Police in Regards to Online Posts?
In the event you are contacted by law enforcement in regards to posts you’ve made online, it’s critical to take the necessary steps to protect yourself. Generally, the most important thing you should do is refrain from deleting any posts you’ve made. Doing so is not only considered the destruction of evidence, but the police are able to access deleted posts, making this a fruitless attempt to conceal a crime.
You should also inform law enforcement that you will not be speaking with them until you have consulted your attorney. This is critical, as speaking to the police without an attorney can result in accidentally incriminating yourself.
As you can see, charges stemming from online activity are not something that should be taken lightly in Oklahoma. That is why it is imperative to connect with an experienced attorney with the Jones Firm, PLLC, to explore your legal options. Our team will do everything possible to assist you through these complex matters in the fight for the best possible outcome for your unique circumstances.
