Culture Wars and the Law

by James C. Sherlock

We have reported here significant evidence of the criminal harassment of two conservative students, one a student council member at the University of Virginia and the other a soccer player at Virginia Tech, for their political views.

Both have been treated as administrative matters at the two universities. That is a reflection of the political views of the administrations of those universities rather than the seriousness of the allegations and supporting evidence.

People should be able to attend school without harassment. Period. Fortunately, it is against the law. The culture wars, when they stray into federal and state crimes, need to result in criminal prosecutions.

Harassment is repeated and aggressive action that annoys or intimidates a person or group of people, thereby causing anxiety or fear.

In Virginia, the legal definition of stalking is a repeated action that causes a person or persons to fear death, injury, or sexual assault for themselves or their families.

Five Virginia statutes describe and prescribe punishments for harassing behavior that crosses the line into criminal activity. They proscribe phone harassment, computer harassment, obscene harassment, threat harassment, and privacy intrusion. All are designated as at least misdemeanors with fines and jail time.  Threat harassment and privacy intrusion can be charged as felonies.

When harassing or stalking behavior involves the Internet, U.S. mail, or activities that cross state lines, the crime may be charged as a federal offense.

Allegations and evidence of state and federal crimes have been offered in both the UVa and Virginia Tech stories.

I have referred them to the appropriate law enforcement authorities. Well-publicized criminal convictions will have the appropriate dampening effects on such harassment in the future.