Current Events > Five people charged with felony for tweet trying to identify a cop

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Antifar
08/08/20 9:39:25 AM
#1:


https://www.theverge.com/2020/8/6/21355999/twitter-cyber-harassment-felony-charges-police-protests-retweet
A New Jersey police department is pursuing cyber harassment charges against five people in connection with a protest photo uploaded to Twitter in June. Complaints were served against the original tweeter and four other people who retweeted the message, alleging that they caused the officer to fear for the safety of his family.

Its an unprecedented use of anti-harassment laws, coming amid a nationwide law enforcement backlash against anti-police brutality activism. If successful, the charges would add significant new risks to political activity on social media, a key element in the ongoing protest movements

The Nutley Police Department filed its complaints in late July over a tweet posted during a June 26th protest. The now-deleted message included a photo of a masked on-duty police officer with a request that If anyone knows who this bitch is throw his info under this tweet. Because of the mask, the officer is not readily identifiable from the photograph, and there do not appear to be any replies revealing his identity.

The original poster and the retweeters are charged with cyber harassment, a fourth-degree felony punishable by up to 18 months in jail. Activist Georgana Sziszak, one of the retweeters, revealed the complaint in a GoFundMe campaign last week. The American Civil Liberties Union of New Jersey confirmed its existence to The Verge, as did Sziszaks attorney Alan Peyrouton. The Verge has also reviewed a copy of Sziszaks summons.

Ive never seen anything like it, says Peyrouton of the case. I dont see how that rises to the level of a crime. Sziszak originally requested $3,000 to hire an attorney; so far, shes raised around $8,200. Her summons orders her to appear in court later this month.

The department charged Sziszak and others on behalf of Detective Peter Sandomenico, who the complaint identifies as the officer in the tweet. It alleges that the photo and accompanying caption threatened the officer acting in the performance of his duties, causing Detective Sandomenico to fear that harm will come to himself, family, and property.

At the time Sziszak posted her fundraiser, the post had no replies and five retweets. Its unclear how the department discovered its existence. However, some departments use automated social media surveillance tools to track all the tweets sent from a particular location. Had such a tool been used to surveil the Nutley protests, it would likely have surfaced the Sandomenico tweet.

The Nutley Police Department confirmed that it had filed complaints against five people for cyber harassment. Charges were filed by our department. For an incident relating to one of our officers. However this remains under investigation which prevents me from providing any further details, Detective Lieutenant Anthony Montanari told The Verge. The department also confirmed the officers identity.

Sziszak wrote on GoFundMe that she had been blindsided by the summons. I did not reply, did not say anything against this cop, and had zero clue to who he was, she wrote. The purpose of this tweet was to find out the officers information, to hold him accountable.

While the original poster is not named in the summons, Sziszak and her attorney corroborated his identity as Kevin Alfaro, who posted a separate GoFundMe campaign in July. (Alfaro did not respond to messages via Twitter or GoFundMe.) Alfaros GoFundMe describes a June 26th Nutley For Black Lives protest where young anti-racism demonstrators were confronted by pro-Christopher Columbus counter-protestors. The groups were eventually separated by barricades and police, although News 12 New Jersey reported that no arrests were made.

The campaign description says Alfaro was upset by officers who were very friendly with counter-protesters and covered their badges, a practice that some officers across the country have adopted to dodge complaints from protesters. In an attempt to identify a specific police officer who was befriending someone harassing me, I uploaded a photo. His tweet includes a picture of the Thin Blue Line American flag printed on Sandomenicos mask a symbol thats used to signify police solidarity but is fraught with racist associations.

The departments legal argument against the five Twitter users is murky. A 2014 New Jersey law bans online harassment when it threatens someone with physical harm or crimes against their property, or when it involves sending lewd, indecent, or obscene material its more typically applied in cases involving persistent harassment campaigns and cyberstalking. The First Amendment also protects the right to photograph on-duty police officers.

Theres particularly little precedent for punishing retweets, even in lower-stakes non-criminal cases. MSNBC host Joy Reid was sued in 2018 for retweeting someone elses allegedly defamatory post. But the plaintiff quickly dropped the retweet accusation, focusing only on statements Reid wrote. A recent suit claims retweets can count as copyright infringement, but its not yet resolved. The protest retweets could potentially be covered by Section 230 of the Communications Decency Act, a shield law that protects web services and their users from liability over other peoples posts.

The complaint implies that requesting Sandomenicos info was an invitation to harass or doxx the officer. Harassment victims have sued trolls who encouraged followers to abuse them like Montana real estate agent Tanya Gersh, who won a case against neo-Nazi blogger Andrew Anglin last year. But Gersh was terrorized for months after Anglin published dozens of articles about her and asked his followers to create a troll storm. The Nutley Police Department did not report any harassment beyond the original tweet, which itself didnt call for any action beyond identifying Sandomenico.

Alexander Shalom, ACLU-NJs director of Supreme Court advocacy, declared the charges specious. [The law] is designed to prevent venal harm, not hypersensitivity and hurt feelings, he told The Verge. What this appears to be is a police officer flexing his ability to charge someone notwithstanding the fact that he cannot establish the elements of the crime.

Prosecuting people for clicking the retweet button could turn social media into a minefield. It would discourage users from engaging with content if theres even a small risk of getting a complaint, especially users who arent sure what constitutes harassment or other legal violations. And charging everyone who retweeted even a single popular post would be almost impossible, turning it into a cudgel that powerful institutions including the police could selectively use against critics. What if it had gotten retweeted 50,000 times? Are you going to go out to those 50,000 retweeters? asks Peyrouton. Its inconceivable to me.

Regardless of the outcome, the felony charges have serious consequences for the accused. In the days since receiving the complaint, Sziszak has been forced to manage the expense of hiring an attorney and the frustration of navigating a legal system upended by the coronavirus pandemic. Even if the charges dont result in a sentence, the filing could intimidate protesters who want to legally record police, or make others afraid to engage with them.

I cannot explain the fear I have and the worry I have for me vs. a police department, Szisznak writes. I feel afraid that I may have compromised my whole future based on something that I had believed was exercising my First Amendment right.

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TheVipaGTS
08/08/20 9:43:51 AM
#2:


oof. This is what conservatives wanted for some reason. Good job, guys.

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#3
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YellowMustard69
08/08/20 9:45:39 AM
#4:


Hopefully this gets immediately thrown out of court.
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Alucard188
08/08/20 9:47:21 AM
#5:


Fucking swine.

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Chadwick69
08/08/20 9:47:49 AM
#6:


Antifar posted...
The Nutley Police Department filed its complaints in late July over a tweet posted during a June 26th protest. The now-deleted message included a photo of a masked on-duty police officer with a request that If anyone knows who this bitch is throw his info under this tweet.

Fair, next.
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lilORANG
08/08/20 9:52:18 AM
#7:


Reading the statute, and this conduct doesn't even fit. This should get thrown out.

And honestly a lot of state harassment statutes are over-broad af.
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420TwiZtiD420
08/08/20 9:52:42 AM
#8:


It's like citizens can't use the same methods police do to identify "criminals" or else they get mad and sue you. Money can't buy happiness they say but it sure can afford a great legal team.

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BlockAddition
08/08/20 9:52:45 AM
#9:


#DeFuNdThEpOlIcE
#BiGgEsTgAnGiNaMeRiCa

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Ving_Rhames
08/08/20 9:53:19 AM
#10:


Chadwick69 posted...
Fair, next.

Of course an incel pedophile would be okay with facism lmao


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Frolex
08/08/20 9:54:18 AM
#11:


The right's "free speech" advocates will surely be along any moment to express their outrage at this situation.

Any moment now...

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Chadwick69
08/08/20 9:55:47 AM
#12:


Ving_Rhames posted...
Of course an incel pedophile would be okay with facism lmao
Who wants crazy liberals doxxing them on social media? Especially during a time when people are calling for the death of all cops.
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davyheinz
08/08/20 9:56:44 AM
#13:


Cops are failures.

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RedJackson
08/08/20 10:00:11 AM
#14:


Fair. You even out the playing field.

If your intent is to do whatever the **** with that information that's your business, but spreading around the internet for someone to do the dirty work for you is copping out. Stop being a 21st century dweeb and go do the footwork yourself to make a man fall if that's your perrogative

I wouldn't want someone who is protesting to be in a scenario where KKK members start spreading out peoples info, but the same must apply even to bastards in this cyber battle
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LightningAce11
08/08/20 10:00:26 AM
#15:


Cops don't need any protections.
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#16
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treewojima
08/08/20 10:08:41 AM
#17:


The only reason these charges were filed over a single Tweet is because the victim in question is a police officer. If they were a civilian the complaint would be ignored until there was more of a case.
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Alpha218
08/08/20 10:10:54 AM
#18:


Lmao cops want to do everything they can to hide information from the citizens, including this suit to intimidate people in the future who dare to try to identify a cop

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Mark_DeRosa
08/08/20 10:11:55 AM
#19:


ITT: harassment and twitter crusades are okay if the person is a cop. Blue man bad

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#20
Post #20 was unavailable or deleted.
#21
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ConquestOfBread
08/08/20 10:13:29 AM
#22:


Mark_DeRosa posted...
ITT: harassment and twitter crusades are okay if the person is a cop. Blue man bad

shut the fuck up and get back in your pigpen
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TommyG663513
08/08/20 10:14:19 AM
#23:


Oh no, the cops are fearing for their lives. This means someone else must die.

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powerman1426
08/08/20 10:14:30 AM
#24:


The department should be charged with harassment just for attempting this. The officers covering their badges should also face discipline. If they can't handle their job they shouldn't be in it. If they fear repercussions from the public for their actions, maybe they should question those same actions

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TommyG663513
08/08/20 10:15:29 AM
#25:


Mark_DeRosa posted...
ITT: harassment and twitter crusades are okay if the person is a cop. Blue man bad

Oh no it is the law enforcement victim complex. Everyone put your hands up and slowly lie face down. It is the only way to make this brave officer feel safe.

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just tell them all your base doesn't belong to us because we were getting stoned...they'll understand-Ken156
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Mark_DeRosa
08/08/20 10:16:02 AM
#26:


ConquestOfBread posted...
shut the fuck up and get back in your pigpen


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powerman1426
08/08/20 10:17:21 AM
#27:


TommyG663513 posted...
Oh no it is the law enforcement victim complex. Everyone put your hands up and slowly lie face down. It is the only way to make this brave officer feel safe.
https://gamefaqs.gamespot.com/boards/400-current-events/78899157

Still not a guarantee of safety

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#28
Post #28 was unavailable or deleted.
Medussa
08/08/20 10:22:41 AM
#29:


i would love to live in a world where this is illegal. but that world also makes this unnecessary, because law enforcement would police themselves at a higher standard than everyone else.

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Mark_DeRosa
08/08/20 10:26:18 AM
#30:


Medussa posted...
i would love to live in a world where this is illegal. but that world also makes this unnecessary, because law enforcement would police themselves at a higher standard than everyone else.

we should also live in a world where crime isnt committed so there isnt the need for police

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Lordgold666
08/08/20 10:27:44 AM
#31:


Now theyll never get that blue checkmark..

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TheOrgyPorgy
08/08/20 10:28:29 AM
#32:


defund and abolish diaper force

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BeantownHero
08/08/20 10:29:09 AM
#33:


Mark_DeRosa posted...
ITT: harassment and twitter crusades are okay if the person is a cop. Blue man bad

violating the constitution to own the libs

damn...the GOP has got y'all WHIPPED. from supporting federal officers tear gassing protesters, to draconian retribution by cops against citizens trying to hold them accountable. Yikes. is there anything they CANT convince yall to support at this point?

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Chadwick69
08/08/20 10:30:24 AM
#34:


Since when is defending cops a republican thing? All the republican states I've lived in were filled with people hating cops.
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BeantownHero
08/08/20 10:32:13 AM
#35:


Chadwick69 posted...
Since when is defending cops a republican thing? All the republican states I've lived in were filled with people hating cops.

Defense against the right to ID on duty cops is a very Republican thing

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Shablagoo
08/08/20 10:36:15 AM
#36:


Five people charged with felony for tweet trying to identify a cop

The department charged Sziszak and others on behalf of Detective Peter Sandomenico, who the complaint identifies as the officer in the tweet.



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DarkBuster22904
08/08/20 10:37:25 AM
#37:


SO like... they're filing an anti-harassment charge against the article writer, too, right?

I mean, the officer is identified by name, the offending tweets are all linked to, the accusations are all listed plain as day. If anything, this article brings even MORE attention and life-endangering harassment, right?

For that matter, the same can be said for the possibility of harassment against these five people, too.

Just, you know... following this fucked up logic to its natural conclusion

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darkmaian23
08/08/20 11:12:32 AM
#38:


For those of you who think this is "fair", you might have missed this part:
Its an unprecedented use of anti-harassment laws, coming amid a nationwide law enforcement backlash against anti-police brutality activism. If successful, the charges would add significant new risks to political activity on social media, a key element in the ongoing protest movements

Cops get incredibly special treatment. This needs to be thrown out of court. We don't want to set this kind of precedent. Officers are already covering up their badge numbers in an effort to hide their identities because they don't feel safe while harrassing and brutalizing protestors. Meanwhile, police and three letter agencies are doing all they can to identify and track protestors, including the completely nonviolent ones. There is nothing special about being a cop that means this person and their family gets to feel extra "safe", especially at the expense of civil liberties.

Does anyone know if the ACLU is going to take this on?
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hockeybub89
08/08/20 11:15:57 AM
#39:


Mark_DeRosa posted...
ITT: harassment and twitter crusades are okay if the person is a cop. Blue man bad
But they're always okay. Don't exist in public if you don't want people to see what you do.

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legendary_zell
08/08/20 11:18:28 AM
#40:


I'm sure the small government liberty lovers will be all over this. If simply trying to identify a public official with the power of life and death over the community is a crime, then we've fallen into the tyranny that they claim to be so vigilant against. And yet silence or support for the cops is all we're gonna get.

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Machete
08/08/20 11:19:15 AM
#41:


whatever snowflake posted #19 covered their badge from me in the form of using the block feature \_()_/. Typical shitty cop behavior...

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R1masher
08/08/20 11:22:09 AM
#42:


Alucard188 posted...
Fucking swine.

what if I was to say I was that cop?

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Frolex
08/08/20 11:22:13 AM
#43:


BeantownHero posted...
violating the constitution to own the libs

damn...the GOP has got y'all WHIPPED. from supporting federal officers tear gassing protesters, to draconian retribution by cops against citizens trying to hold them accountable. Yikes. is there anything they CANT convince yall to support at this point?

In darkprince's case, as a cop who's constantly crying about people dragging him on the internet and blocking and/or reporting people who contradict his dipshittery, his support for violating the rights of people on the internet who are mean to cops stems less from being whipped by the GOP and more from a direct interest in being able to wield state violence against those who clown on him online.

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MacDaMurderer
08/08/20 11:22:50 AM
#44:


The thing is the tweet never happens if the cop was showing his badge number and name. Why can cops cover that information but I as a government worker must have my ID showing?

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GT: Mac Da Murderer
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#45
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Poop2
08/08/20 11:40:11 AM
#46:


Judge better knock this shit down and excoriate these fucking pigs
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Bio1590
08/08/20 11:41:49 AM
#47:


>Cop unidentifiable in photo

>Police: "Yeah it's this guy right here"

lmao
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TheOrgyPorgy
08/08/20 11:43:04 AM
#48:


i have a mental image of police chief wiggum atm

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R1masher
08/08/20 11:45:40 AM
#49:


GregShmedley posted...
https://i.imgur.com/D4anD55.gif

ha!

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ScazarMeltex
08/08/20 11:46:50 AM
#50:


Where are the "muh free speech" crowd?

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