Michelle Carter’s case: Sending messages of changing times

Michelle Carter was recently charged with involuntary manslaughter of her boyfriend Conrad Roy III.

July 2014 Roy took his own life by suffocating himself in his truck with a hose of carbon monoxide. Although he questioned himself, he stayed in his truck with encouragement from his girlfriend via text messages.

Carter now awaits sentencing later this summer to determine whether she will receive probation or will serve up to 20 years in prison.  

There is no question that this is a tragic situation, and Carter’s actions were horrifying.

What precedent could this case set moving forward in this age of technology? Will it create a chilling effect on freedom of speech?

The First Amendment of the United States Constitution states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Simply put, the government cannot dictate words or prohibit speech, as all United States citizens are protected by the U.S. Constitution.

Carter is a U.S. citizen, so wouldn’t she be protected by the First Amendment?

The First Amendment was one of Carter’s biggest defenses used in the case. Although Carter didn’t stop her boyfriend, she played no physical role in Roy’s death.

This argument did not hold for the duration of the case. The judge determined that Carter’s words encouraged Roy to take his own life. As a result, she was charged with involuntary manslaughter.

“Involuntary Manslaughter is a homicide that is committed without the intent to kill, but with criminal recklessness or negligence; or a death that results during the commission of or flight from a misdemeanor or felony that is not encompassed by the felony-murder rule,” said the National Paralegal College.

Because of her reckless texts, Carter was not protected by the First Amendment.

The Constitution is a powerful and active document in the U.S., but people often misinterpret and are disillusioned by the limitations of the document itself. Freedom of speech is not protected if it contains defamation, true threats, fighting words, obscenity, child pornography or commercial advertising.

Although the vast majority of agree that Michelle Carter is guilty, the American Civil Liberties Union (ACLU) of Massachusetts offered a differing opinion.

“Mr. Roy’s death is a terrible tragedy, but it is not a reason to stretch the boundaries of our criminal laws or abandon the protections of our Constitution,” said the ACLU of Massachusetts. “There is no law in Massachusetts making it a crime to encourage someone, or even to persuade someone, to commit suicide. Yet Ms. Carter has now been convicted of manslaughter, based on the prosecution’s theory that, as a 17-year-old girl, she literally killed Mr. Roy with her words.”

The fact is, legislation is behind. The courts do not have much direction on what to do with cases involving technological advances such as texting or cyber bullying.

Judge Lawrence Moniz cited two obscure cases for his deliberation that set a precedent in his decision, of those the most recent case cited, was from 1999.

The first obscure case from 1816, involved two inmates of Northampton Jail. One inmate convinced the other to hang himself before he reached his upcoming death penalty.

The second obscure case cited was Commonwealth vs. Levesque in 1999. This case followed a couple who failed to alert authorities when they accidentally started a fire that claimed the lives of six firefighters.

Legislators need more guidance on how to handle cases like Michelle Carters’. She didn’t physically murder Roy, so how else could she be tried for her horrendous words? It’s can’t be classified as a misdemeanor or a felony, and there isn’t a federal law against bullying. Reform and changes need to be made to keep up with our current age of technology.

Moving forward, I hope this case inspires productive legislation that advances the judicial system with the inclusion of technological advances. Lawmakers must determine a way to keep current with legislation and technology.

Regardless of the verdict, this situation has brought the issue of suicide to light, which is a serious issue facing the United States. The American Foundation for Suicide Prevention states that one person dies by suicide about every 11.9 minutes in the US, and it is the 10th leading cause of death in America.

For more information about resources for those who struggle with thoughts of suicide visit the National Suicide Prevention Lifeline or call 1-800-273-8255.

 

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Also published on Medium.