The gay-bashing group that runs the website GodHatesFags.com is
planning to picket in Granville, Ohio.  I attended Denison University
last year, and still have friends there, thus my concern over this
issue.

Specifically, I am questioning the legality of a flier they have
published online, available at:
http://www.godhatesfags.com/fliers/feb2003/Granville_High_School_2-20-2003.pdf

This flier, along with a whole host of deflamatory remarks, includes
the full name and other personally identifiable information of a 17
year old high school student, a minor.  Does federal or state law in
any way prohibit the publishing of such information without the
consent of the minor or his parents?  Can criminal charges be filed in
this instance?  If so, what are the maximum penalties?

I am having trouble locating any specific statutes which prohibit this
sort of behavior, but I also can't imagine that it is legal.  If you
can point me toward any applicable federal/state statutes, common law
rulings, etc... I would greatly appreciate it.

Thanks.

The Children's Online Privacy Protection Act applies to information
gathered from minors via online methods, however, there is a
stipulation that may apply:

"Public Disclosures

When operators want to disclose a child's personal information to
third parties or make it publicly available (for example, through a
chat room or message board), the sliding scale requires them to use a
more reliable method of consent, including:

getting a signed form from the parent via postal mail or facsimile; 

accepting and verifying a credit card number in connection with a
transaction;

taking calls from parents, through a toll-free telephone number
staffed by trained personnel;

email accompanied by digital signature;

But in the case of a monitored chat room, if all individually
identifiable information is stripped from postings before it is made
public -- and the information is deleted from the operator's records
-- an operator does not have to get prior parental consent."
How to Comply With The Children's Online Privacy Protection Rule
http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm

I would recommend contacting the FTC's Consumer Response Center at
877-382-4357 and determine if this falls within the guidelines.

-THV

The flyer you attached a link seems to quote from another source.  Was
the minor's sexual orientation already a public fact?  Was it on a
website or in a school newspaper or something?

I don't know the exact sources (if there were any) for the quotes.  If
they're legitimate, I would assume they come either from University
publications or the local news paper.  I'm less interested in the
truthfulness of the statements, the odds are stacked against this
group in a libel, slander, defamation of character or intentional
infliction of emotional distress lawsuit.

I'm much more concerned with the ability of local law enforcement to
prosecute based on the fact that this group published, online,
personal information about a minor without his parents' consent.

It appears from the flyer that the WBC is reporting news in its flyer.
 Specifically, it's describing public activities (founding a high
school club, etc.) that it wishes to protest.

Normally, one does not need permission to report news about a minor. 
For example, many newspapers cover high school sports and list the
names of players.  Here, the WBC is discussing a gay rights club
rather than the football team, but the idea is the same.

Also, because the WBC enjoys First Amendment protections to practice
its religion (e.g., by urging people to cease homosexual practices)
and announce its political views (e.g., that homosexuality should be
criminalized).

If this group were praising the high school club, it would clearly be
legal -- even without permission from the students or their parents. 
The law doesn't change simply because this particular group is
hateful.

I see a difference between praising members of an extra-curricular
activity for their good deeds, and accusing a minor of being a sinner
and being responsible for the death of an individual whose death he
was no way involved in, not to mention the comments about the shuttle
crash.  I understand, support, and constantly fight for first
amendment rights.  But I think those rights are questionable when the
speech in question directly harms, physically, emotionally or
mentally, an individual who is not of legal age to defend himself.

Political and religious views are one thing, hateful, libelous and
defamatory language directed at a minor is completely different, in my
book, and I believe the law will back this statement up.  I'd like to
thank the person who quoted the COPPA, I have sent a letter to the FTC
asking them to investigate the flier in question.  I still hope that
we can find something a little more solid.  Federal laws, or state
laws in Kansas (where it originated) or in Ohio (where it is directed
and distributed) would be particularly helpful.

Thanks.

It is against the law in most states and all of Canada to harm the
reputation of an individual or a body or group of individuals by libel
or slander. This is defamation. Just because a religeus body has
rights to "practice
its religion and announce its political views" does not give them the
right to defame anyone even if it goes against thier religion.

That would be like saying it is leagal for human sacrifices, as long
as your religion calls for it. ha I don't think so people.

Don't for get that Human beings have rights above and beond those
rights of religius organizations (otherwise churches would be having
human sacrifices)

the people who run the WBC are crazy, they have no bases for thier
beleafs (I own a bible and have actualy read the sections they use
against homosexuality) and no weare have I found a Direct corolation,
and that means that they are ASSUMING that this is what was meant when
if you take the time to read the entire book (refering to Leviticus)
you will see the statements within there proper context. They
(GODHATESFAGS.com) post photoes of Matthew Shepard, burning on thier
site. and state how long he has been dead by refering to him bing in
HELL, this is not right, and I think that GOD would not approve, it's
just like people who say they are fighting a war for GOD, (Thats a
funny one) God did not put us on earth to kill each other, so who are
these (unable to find a word to put here) who belieave they KNOW what
God wants or likes or who he loves MORE (He loves everyone equaly I
beleave he still loves Atheists, It's not there fault they were not
shown the light.) Frankly it's not there buisness nore there place to
stick thiere noises into the beadrooms of the nation..

Thanks for reading
I am HEAR and I am QUEER. and the most important thing of all is God
loves ME.
Adam, Ontario, Canada..

The state has no place in the bedrooms of the nation. - 
Pierre Trudeau (a former Prime Minister of Canada)

So if you still beleave that I am going to hell because I am Gay then
I guess I will see YOU their.