Free Speech Or Crime?

Today’s post is a philosophical question about a recent crime. The case involves a teenage girl who encouraged her depressed boyfriend to kill himself until he finally did it. The question is: should this be a crime?

Here are the details. The girl’s name is Michelle Carter. For weeks, she apparently encouraged her boyfriend to kill himself. She knew at the time that he had struggled with depression and had previously attempted suicide. At the end, she actually spoke to him as he sat in a garage inhaling carbon monoxide fumes from his truck. He apparently changed his mind and left the garage, only for her to tell him to go back and “get back in” his truck. He did and died.

She was then charged with manslaughter and the case was appealed. At the appeal, the judges asked the attorneys: “when did this cross the line – when did these words cross the line [to manslaughter]?”

That is my question to you too. Was this manslaughter/murder (lets ignore the distinction) or was this just cruelty but not a crime? Can words ever reach that point that they become a crime?

My initial instinct tells me her words should not be considered a crime. Why? Because ultimately it was the choice of this young man to kill himself and he had the power within himself to simply tell her to f-off; she did not force him. But then I wonder about the issue of depression. It’s become pretty clear that depression is akin to alcohol in the sense that it makes people susceptible to doing very stupid things... it lifts the normal restraints on behavior. When you think of it that way, it’s a bit like giving drugs to someone who is addicted. Yes, the addict has the power to say no, but we all know that power is a bit of a fiction because their addiction will defeat their will power in almost every instance. So should knowing someone is depressed and suicidal, and then pushing them to kill themselves be a crime? I’m actually leaning toward saying that it should be because I suspect the victim is pretty helpless to protect themselves in this situation.

So where would I draw the line?

Well, I think there needs to be knowledge of the depression and the strength of the depression. It can’t just be someone who is a little down now and then; it needs to be someone who is truly susceptible to taking action based on your words. Secondly, I think there needs to be some fiduciary relationship where the normal distrust of society does not apply. In other words, we all know not to rely on the words of strangers, but that limit breaks down once you are dealing with someone in a fiduciary relationship, i.e. a relationship of trust – like a doctor, a lawyer, a guardian, a parent, or a spouse.

Interestingly, if you meet these elements, then I personally would not care if you encouraged it only a couple times or if you dogged the person over the issue as this woman did. The fact that you pushed the person at all should be a crime.

But what about a situation where a group of kids “bully” another kid until that kid kills themselves? In this case, I don’t see the fiduciary relationship, so while those children are cruel and deserve a tremendous amount of scorn and punishment, I would not call that murder because there is no relationship of trust there which they are exploiting. Or am I wrong in that? You tell me... should the advocacy of suicide always be a crime just by itself?

All that said, there is one more point to make. While a situation like this raises an interesting philosophical question of when mere verbal encouragement can be considered causation, it also shows us how pathetic the little whiners at colleges are these days. They cry like broken children over things they find unpleasant, but they know nothing of true cruelty, like that displayed by this Carter girl. They are whining over trivia, and for that, they deserve contempt.

Thoughts?