Prosecution for Encouraging Suicide: How the Massachusetts Supreme Court Ignored the First AmendmentMelnick, Shawnee. “Prosecution for Encouraging Suicide: How the Massachusetts Supreme Court Ignored the First Amendment.” Kansas Journal of Law & Public Policy, vol. 28, no. 2, Mar. 2019, pp. 282–308. EBSCOhost.
Cell phones are a ubiquitous necessity in our fast-paced twentyfirst century lives. All one needs to do is look around at a bus stop, class room, or restaurant to see most Americans immersed in their handheld devices. Whether you believe this is a positive indication of the role of technology within our daily lives or not, the fact remains that most of us use our hand-held devices on a daily basis. So, what happens when that technology, or more specifically the content of the messages sent on the device, induces a person to take their own life?. This situation begs a secondary question--should the justice system hold individuals criminally liable for what they say over text message in the same way that they are held liable when they speak to someone in person? Recent case law indicates that at least some jurisdictions--the Massachusetts Supreme Judicial Court case of Michelle Carter as a prime example--are willing to prosecute individuals for the content of their text messages, particularly when it results in suicide. Yet this raises still more interesting questions loaded with First Amendment implications. Do we have freedom of speech rights on our hand-held devices? If our text messages lead another to harm themselves are we then criminally liable? Finally, if the speech in question does not fall into one of the traditionally unprotected categories of speech does the First Amendment preclude criminal prosecution?