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	<title>Comments on: Geeking it up, and getting just too darn geeky?</title>
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	<link>http://betsydevine.com/blog/2007/03/22/geeking-it-up-and-getting-just-too-darn-geeky/</link>
	<description>Making trouble today for a better tomorrow...</description>
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		<title>By: Betsy Devine</title>
		<link>http://betsydevine.com/blog/2007/03/22/geeking-it-up-and-getting-just-too-darn-geeky/comment-page-1/#comment-769</link>
		<dc:creator>Betsy Devine</dc:creator>
		<pubDate>Fri, 23 Mar 2007 13:48:30 +0000</pubDate>
		<guid isPermaLink="false">http://betsydevine.com/blog/2007/03/22/geeking-it-up-and-getting-just-too-darn-geeky/#comment-769</guid>
		<description>&lt;a href=&quot;http://www.tpmmuckraker.com/archives/002840.php&quot; rel=&quot;nofollow&quot;&gt;Paul Kiel&#039;s at TPMMuckraker&lt;/a&gt; has more on this, plus extra insight from some commenting lawyers.

This comment, by &quot;rea&quot; seems especially useful:

&lt;blockquote&gt;&quot;The essence of the Circuit&#039;s decision is that the conduct that Tobin engaged in in this case does not fall within the meaning of harassment as that word is used in the statute.&quot;
No.
What the Court said was (a) there was an error in instructing the jury, requiring a retrial, (b) there was sufficicent evidence to convict Tobin if what the statute requires is an intent to harrass, rather than a purpose to harrass, and (c) there is an open question, which the appellate court did not resolve for procedural reasons, about whether the statute requires a purpose rather than an intent.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p><a href="http://www.tpmmuckraker.com/archives/002840.php" rel="nofollow">Paul Kiel&#8217;s at TPMMuckraker</a> has more on this, plus extra insight from some commenting lawyers.</p>
<p>This comment, by &#8220;rea&#8221; seems especially useful:</p>
<blockquote><p>&#8220;The essence of the Circuit&#8217;s decision is that the conduct that Tobin engaged in in this case does not fall within the meaning of harassment as that word is used in the statute.&#8221;<br />
No.<br />
What the Court said was (a) there was an error in instructing the jury, requiring a retrial, (b) there was sufficicent evidence to convict Tobin if what the statute requires is an intent to harrass, rather than a purpose to harrass, and (c) there is an open question, which the appellate court did not resolve for procedural reasons, about whether the statute requires a purpose rather than an intent.</p></blockquote>
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