| Abstrakt: |
In late 2021, The New York Times published an extensive investigation into a prominent website whose users encourage one another to take their own lives. While such websites and online forums have existed since the early days of the Internet, the investigation was the first time many citizens and lawmakers had heard of them. Spiking rates of depression and suicide--especially among teenagers and young adults--have further magnified the scope of this issue. Lawmakers in the U.S. Congress soon introduced bipartisan legislation with the intent of limiting the damage that the prominent website--and others like it--can cause. Yet this legislation closely resembled a number of bills that were periodically introduced in Congress over the past two decades--all of which died before reaching a vote on the House floor. This Note examines the legal status of online suicide assistance forums and a number of potential avenues lawmakers and attorneys can pursue to reduce the harms these websites cause. While the First Amendment and Section 230 of the Communications Decency Act represent formidable hurdles to banning or criminalizing these websites, various state statutes and court rulings--along with certain foreign countries' related policies and regulations--provide insight into possible reforms. Part I of this Note discusses relevant First Amendment case law and how it would likely be applied in litigation over efforts to ban or criminalize online suicide assistance forums. Part II examines the role that Internet law and Section 230 play in this issue. Part III focuses on possible legislative solutions to the problem of online suicide assistance forums, and Part IV discusses other countries' efforts to combat such websites. Finally, Part V proposes an alternative path forward. This Note discusses suicide and self-harm. If you are in crisis, please call, text, or chat with the Suicide and Crisis Lifeline at 988, or contact the Crisis Text Line by texting TALK to 741741. [ABSTRACT FROM AUTHOR] |
