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Specifically, the defense proposed that the expert: “testify that . When engaging in Internet role-play, people love to experiment with their personas. Cross-examination could be used to expose weaknesses in the opinion. He noted that the expert testimony, even if relevant, could be excluded under FRE 403 as on grounds of “undue delay, waste of time, or needless presentation of cumulative evidence, ” particularly after the defendant testified to present his defense about role-playing.
The primary purpose of an online chat room is to communicate information with other people through text in real time. While it would appear that such protections would extend to conduct in online chat rooms, case law has determined that certain narrowly defined categories of speech or conduct do not receive constitutional protection anywhere. 2329 (1997) when it struck down portions of the Communications Decency Act (CDA) that prohibited “indecent” online publications. One type of true threat is intimidation, where the speaker directs a threat toward a person or group of people “with the intent of placing the victim in fear of bodily harm or death.” Id.
He was arrested when he arrived at a pre-arranged meeting place. However, in remanding the case, majority suggested the trial court reconsider the excluded expert testimony. The expert testimony would assist the jury since it was “unlikely that the average juror is familiar with the role-playing activity” and the expert could explain in the context of sexually oriented conversations on the Internet.
At his trial, he offered the expert testimony of a professor of clinical sexuality concerning online “fantasy characters” and role-playing in chat rooms and by e-mail. [a] major component of the entertainment on the Internet is the rapid repartee, in addition to having imaginative fun. Sexually explicit conversations tend to drive the chatting relationship, and are fueled by the anonymity of the created personas. The social science field was an area in which the Daubert factors involving peer review, publication, and potential error rates were not applicable.
In addition to case law, there are several federal and state laws that specifically address electronic communications, while other generally applicable laws can apply to certain speech or conduct in an online chat room, although these statutes do not specifically mention electronic or Internet communications.
In general, the First Amendment prohibits the regulation of speech based on its content.