Can I be Arrested for Posting Memes?

Freedom of speech is one of our Constitutional guarantees. Our Constitution provides that a law shall not be passed infringing upon our freedom of speech and expression. Aside from that, the evolution of technology has given us a bigger platform to express ourselves. Whether it’s about a societal or political issue, or a silly brain-rot meme, social media has become part of our lives and routines.

With everything that’s been happening around us, sometimes posting or sharing memes is our only solace. Topics that are too serious and upsetting can become more digestible. Memes or satirical content can also entertain people while delivering a message. As they say, humor is a good coping mechanism. In this messy world of political strife and societal injustice, sometimes what keeps us afloat is absurdity and humor.

However, having the platform and a Constitutional guarantee doesn’t mean our freedom of expression is limitless. There are certain content that can be offensive to others, spread misinformation, or incite harm. These kinds of content can lead to the deletion of the post, suspension of your social media account, or worse, jail time. Which begs the question: can someone be arrested for posting memes?

Is There a Law Criminalizing Memes?

Technically speaking, no. Even the proposed House Bill No. 366, contrary to popular belief, does not ban memes (that’s a different story for another day). However, what is in the meme–either its message or meaning, the imagery, the names being mentioned–can be incriminating.

Your posts, memes, photos, comments–basically any content you upload on the internet–can be used as evidence in Court. Even if you delete them, the Court can still access them through a subpoena. You can learn more about this on our previous blog.

The only time your memes can put you into jail is when it contain:

• Actual threats to someone’s life or property.
• Harassing statements with the intent to intimidate, annoy, abuse, torment, or embarrass.
• Incitement to violence or any criminal conduct.
• Obscene or explicit images or texts.
• Images that violate someone’s privacy.
• Information, such as one’s government name and address, that is illegally obtained with the intent to disclose and malign the person.
• Defamation or libelous statements toward a person, group, or juridical entity.
• Child pornography.
• Someone’s name, image, or likeness, with the intent to impersonate them and/or defraud others.

Different penalties may apply for each kind of offense committed. Different circumstances, such as the defendant’s criminal history or age, can also affect their legal consequences. What one needs to remember is that the freedom of expression is not a free pass, nor is the internet a completely unregulated space. What is uploaded on the internet, stays on the internet.

How do I Stay Safe Online?

Staying safe and keeping yourself out of the hair of legal authorities is simple: be mindful of your posts. Sometimes it can be tempting to expose or intimidate someone who angered you, to create humorous posts to embarrass them online. But we need to take a step back and take a look at the bigger picture: is it really worth it to get jail time? Sometimes you need to be the bigger person, stay humble, and make the online space safe for everyone.

When Something Goes Wrong, Call A Lawyer

If you receive any legal document, like a cease and desist, or if you get contacted by law enforcement, call a lawyer immediately. You have the right to remain silent, and under any circumstances, you should stay silent. This is to prevent further incriminating yourself and making things worse.

Having a competent defense lawyer by your side is the key to this kind of situation. They can negotiate for a lesser charge or penalty, or they can have your case dismissed. You need an Edgett Law attorney to fight for your case. Call us at 972-424-0760 or go to edgettlawfirm.com/contact/