Should this family win their legal battle, or is this truly a free speech issue? If this had been one of your family members- how would you feel? Most news agencies would not show these photos- should they be allowed on the internet- or does the internet need to remain unfettered?
The Catsouras family should win their legal battle, but it would be next to impossible to truly get what they are looking for because unhumane photos being posted on the internet is something that will continue to exist. The dead, practilly decapitated body of Nikki Carsouras should have never been let into the public eye. If the two CHP officers, Thomas O'Donnell, 39, and Aaron Reich, 30, wanted to send emails to their relatives to encourage driving safety they could have easily sent them the pictures of the mangled porsche, with the hub cap being the only recongnized car part, and an overview of what happened, and it would have engraved a huge effect if not the same as the pictures of the teenager's body.
If the coroner would not even allow Nikki's parents to identify her body because of how distorted and ruined her body was, then why is it okay for those police officers to send pictures to anyone. The parents should be the only people who have a right to view their daughter's remains, no one else in the universe should have that right except for the people who have to do it as part of their job. As a part of their job, crime scene photographs of a deceased body should be kept confidential.
What happened to the Catsouras family, is not a free speech issue it is clearly harassment. If someone can be sued for something as simple as calling someone too many times or accidently brushing someone as they walk by in a crowded area, sending pictures of a girl with her head hanging out the window barely attached to her neck to her own father with obscene messages attached should be considered harrassment. Yes the Bill of Rights provide freedom of the press and freedom of speech, but when it is harming someone and costing them thousands of dollars to avoid, that is not protected by the constitution.
If this unfortunate circumstance had happened to one of my family members, I would feel obligated to leave the country. I would not be able to live every day of my life in fear of seeing and reliving the horrific accident that most people spend every day of their life trying to forget. It is unfair that this family is haunted every day of their lives of their beloved daughter's and sister's death.
Yes, suing has gotton out of control these days. People try to sue everyone for everything, including Mc Donalds for making you fat...wow, what has this country came to? Suing will not bring their daughter back, no matter what they do. But maybe for them it feels that if they sue they are preventing this from happening to other families. No maybe, they should not sue the whole Polie Department but they should definitely sue the people who leaked the photos, and if it was possible the people who sent the disgusting emails. They need to win something to prove that they can do something about this, to prove they still have control over their lives. I believe this is more of a mental law suit than anything.
Any photo of a deceased person (as deceased) should be deleted from the internet, there should be a law forbidding anyone to put a picture of the deceased online. No one should have the right to look at anyones dead body, the only reason humans do it is becuase of curiosity. How would you feel if your family member's decapitated head and mangled body was posted on the internet for everyone, all your friends, relatives, clients, employees, or even bosses to view. Clients like to research you and so do employers they can check your myspace or google you, but everytime they do this they will get thousands of sites showing their daughter or sister's accident. This unfortunate event should never happen to any family again. With all the new technologies we should know how to prevent this.
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1 comment:
Just food for thought:
In your own words...
"Any photo of a deceased person should be deleted from the internet, there should be a law forbidding anyone to put a picture of the deceased online."
Here is my question:
But then what about a picture of the deceased when they were alive and happy and enjoying life? What if someone posts THOSE type of pictures and then some family members want THOSE type of pictures removed because it hurts too mush to look at their loved one and be reminded of them at all?
This is not a sarcastic question on my behalf. I was thinking about what you said is all.
I'm not saying whether I agree with having those pictures or not on the internet... this is only food for thought. What you have suggested is blatant censorship. If we start with pictures of the deceased when they are deceased, then what's to stop other laws fobidding other pictures? What about pictures of the deceased and their friends when they were at a party having a good time and other people in THOSE pictures want those pictures posted? What rights do the living have?
Note: I am NOT talking about illegal pictures of illegal acts. Any pictures of someone hurting another human being or an animal or themselves is clearly sick and a really bad idea. Like the movie Jackass... now THAT stuff is stupid.
Censorship is dangerous. It might be wise consider all angles before suggesting "no one else in the universe."
Also, you can't presume that if the officers only showed pictures of a wrecked car that it would have had the same effect. What if they had already tried that with someone they loved and it STILL had not gotten thru? You don't know that.
Were the officers wrong in leaking those pictures? You bet! Absolutely.
However, whoever continued to leak them was equally to blame.
However, on the other hand, teen drivers often see live demonstrations of ruined cars after accidents. School demos have them all the time. Yet,... we still have teen drivers- and drivers of all ages- that continue to drive under the influence. Seeing pictures of or seeing real wrecked cars may have an impact on SOME, but not others. You can't assume just sending the pictures of the wrecked car would have had the same effect.
And let's say for argument's sake that ONLY the car pics were leaked. Something tells me the family would have been upset still. In a different way, yes. But they still would have tried to sue most likely... I think.
Should they win their lawsuit? No.
$20 million will not bring that young girl back. But who am I to tell someone how to grieve.
Should the officers apologize till they are blue in the face as well as resign or be fired? Yes. And yes.
California like the nation has too many lawsuits. And like I said, no one amount of money wil bring their beautiful daughter back. This lawsuit will probably prolong their grieving. It will drag it out. I am curious as to why so many people think that whenever someone sues that they SHOULD win! Why?
Should the laws be changed? Maybe. But then try to do that. Try and get tougher laws. Don't just stomp off to the nearest attorney's office and say "I'm going to sue!"
Do I think the driver of the Honda should win THEIR suit? You bet. Because NOW that driver has medical bills to pay. Nikki's family lost a daughter. THAT is huge and horrible. But money doesn't help them in that loss.
Money will help the hurt driver at least pay off a new car and medical bills. The driver of the Honda was hurt physically and financially (I assume). Nikki's family was not hurt financially (that I can tell) by the postings of those horrid pictures. Their daughter was already gone.
HOWEVER, whoever sent them to the family DIRECTLY SHOULD be the one sued DIRECTLY for emotional distress.
You made a point of saying you are a junior.
I just graduated with an M.A. You're young. You'll have time to grow and see things differently. I hope. Remember, there are always, ALWAY 2 sides to every story. Including wishing for censorship. And if we start censoring everything all the time, then soon people like you and I won't even be able to blog,... because SOMEONE out there will want to sue us.
Everything I have said here I say with the best of intentions. Please know that. I wish only peace and comfort for Nikki's family and friends. Truly. I do not know them, but I wish them love and peace and I will keep them in my thoughts.
Sincerely,
Kimberly... friend of a beautiful young man who was taken from us way too early... by a drunk driver.
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