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Violent videos
Society has interest in penalizing such behavior
SATURDAY, MAY 17, 2008

Recent Internet postings of violent beatings have shocked and repulsed many Americans. The beatings themselves are bad enough, but the intent to film them to further humiliate victims adds insult to injury.

Several cases are premeditated: assailants know they are going to attack someone and are ready to film the carnage so that it can be posted online. This is very disturbing behavior, showing a lack of decency and compassion on the part of the perpetrators.

Brutal teen fights, gang violence, homeless bashing and the like are being posted on various Internet sites for viewing.

Some New York Republican state senators are considering legislation to criminalize such behavior. The bill would establish a crime of "unlawful violent recording." Committing assault while recording it for distribution would entail an additional felony; persuading others to do so would be a felony offense as well.

The penalty would be 11/2 to 4 years in prison. Juveniles would be handled by Family Court.

The media is relatively new, the filming a new twist on violent behavior. It is particularly upsetting that many aggressors and victims are young. Legislators are right to address this appalling and brutal behavior.

But the issue is complex, since it involves First Amendment discussions. Attorney Lawrence Walters, who handles free speech cases for Internet providers, said: "Any time that you attempt to criminalize media based on its content, that is antithetical to the First Amendment guarantee of freedom of speech. The only type of media that the courts have agreed to criminalize, or authorize to be prohibited, are obscenity and child pornography. Everything else is presumed to be protected by the Constitution."

But the filming of a violent act as part of a conspiracy and with the desire to inflict harm on the victim surely is in the realm of criminal behavior. It is different from a photojournalist filming a violent demonstration for news purposes.

The discussion about this appalling trend needs to continue. Society has a vested interest in discouraging and penalizing such behavior.

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