Should blackmail be decriminalized

[Michael Stora]

Recent cases have made ancient torts that predate free speech such as tortious interference and alienation of affection subservient to the First Amendment. The crime of seduction has been eliminated. What about another ancient crime that also predates free speech? Should blackmail (the offer to refrain from doing something legal in exchange for consideration) as distinct from extortion (a threat to do something illegal unless paid) be decriminalized?

Right now we have a maze of free speech and public interest exceptions to blackmail. In the words of one court:

For example, the purchaser of an allegedly defective product may threaten to complain to a consumer protection agency or to bring suit in a public forum if the manufacturer does not make good on its warranty. Or she may threaten to enlist the aid of a television ‘on-the-side-of-the-consumer’ program. Or a private club may threaten to post a list of the club members who have not yet paid their dues.

The difference between blackmail and a legal demand often come down the education, articulateness, and temper of the requester.

The model penal code defense to blackmail is very confusing and convoluted:

It is an affirmative defense ... that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.

Here is an interesting essay on the topic:
http://www.walterblock.com/wp-conten..._blackmail.pdf

Mike

[yankabilly]

I don't recall where I read about a blogger that "threatened" to publish IF a collage did not fire a professor. They did, He sued, Court ruled, Professor won, Blogger appealed, Higher Court overturned saying 'truth is an absolute defence'.

[dukegrad98]

Just as an interesting note related to one of the examples above, my country club very publicly posts a monthly list of members that are behind on dues. Nearly everyone stops by the bulletin board for a chuckle.

Cheers, John

[watermoccasin]

In my small town several of the merchants have bulletin boards with bad checks thumbtacked up. Same as dukegrad, it never fails to get a perusal to see who the scofflaws are.

[yankabilly]

Originally Posted by yankabilly

I don't recall where I read about a blogger that "threatened" to publish IF a collage did not fire a professor. They did, He sued, Court ruled, Professor won, Blogger appealed, Higher Court overturned saying 'truth is an absolute defence'.

Found It:
Moore vs. Hoff
The Volokh Conspiracy » $60,000 Verdict for Blogging the Truth About A Person Intending to Get Him Fired — Reversed

[Mike D]

Absolutely it should.

And BTW Stora, about those pics of you in Vegas....

[Michael Stora]

Originally Posted by Mike D

Absolutely it should.

And BTW Stora, about those pics of you in Vegas....

Watch your back Mike D.



Mike

[Mike D]

Lmao!

[hoofa]

My buddy owns a store, He just busted one of his employees stealing, the MFer is an Eagle Scout. I was suggesting that he blackmails him for $10 bucks a year for the rest of his life and a couple of merit badges, as a little reminder that he's no better then the rest of the Sh!t bags out there. He wasn't game, maybe this will change his mind???

[Mike D]

Maybe he was going for his 5-finger discount merit badge?

[hoofa]

Originally Posted by Mike D

Maybe he was going for his 5-finger discount merit badge?

He wouldn't have earned that badge, He's wasn't very good. The tapes were pretty funny. He reminded me of Elmer Fudd trying to be Berry berry quiet.

[2FAST4U]

No, it should not be decriminalized