The trial of Michelle Carter, the 20-year-old Massachusetts woman who urged her boyfriend to kill himself through text messages, is about to begin. Back in 2014, she sent dozens of text messages to her boyfriend Conrad Roy III, telling him that the time was right, and to just “do it.” He subsequently killed himself through carbon monoxide poisoning in his truck.

But Carter’s lawyer has argued that text messages are protected free speech. She also argued that Roy had been depressed for some time and that Carter couldn’t be responsible for his death. Jury selection was set to begin Monday, but Carter opted for a bench trial, which means her fate will be decided by the judge and not by a jury.

She is facing charges of involuntary manslaughter in Bristol County Juvenile Court. Although it’s difficult to convict someone for what they wrote in a text message, the Massachusetts Supreme Judicial Court–which ruled that Carter must stand trial in an appeal of a lower court’s decision not to dismiss the case–said in a 2016 ruling, “But for the defendant’s admonishments, pressure, and instructions, the victim would not have gotten back into the truck and poisoned himself to death.”

NEW: Michelle Carter arrives at court for trial

Carter is accused of sending her friend texts encouraging him to kill himself@Boston25 pic.twitter.com/rQPqrDD8cQ

— Peter Wilson (@PetesWire) June 5, 2017

The police investigation after Roy’s suicide concluded that Carter had “strongly influenced” his decision to take his own life using carbon monoxide. The couple reportedly met online and mainly kept in touch over the internet, only meeting in person twice. They had apparently not seen each other for a year at the time of Roy’s death.

According to a court filing, Roy had a history of mental illness and had previously tried to kill himself. Later, after he expressed a wish to kill himself, Carter tried to persuade him to do it. “You already made this decision and if you don’t do it tonight you’re gonna be thinking abut it all the time and stuff all the rest of your life and be miserable,” she wrote to him.

Carter also wrote, “You have to just do it. You have everything you need. There is no way you can fail. Tonight is the night. It’s now or never.” She added that he always seemed to have an excuse to not do it and scolded him for not going through with it. It’s unclear why she urged him to kill himself rather than getting help. At one point Roy said he was scared and got out of his car to call her. But she convinced him to go back in and finish what he started.

It’s hard to say what the outcome of this trial will be, but the disturbing content and detail of the text message conversations have made it one that many will follow. Opening statements begin on Tuesday morning.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Emojis are a fun way to let your friends know exactly how you feel while you’re texting them, but, can they be harmful? In some cases, interpreting the meaning behind emojis is more difficult than you may think. What one person sends as a funny joke with a smiley face could be interpreted differently by the person receiving the message. In a world full of  miscommunications because of the lack of tone in a text message, it can be hard to tell just what an emoji means.

In this week’s emoji news, a 12-year-old girl has been charged with threatening her school on Instagram due to a post from this past December. According to the Washington Post, the girl posted an ambiguous message under a different student’s name involving several emojis, including the gun, knife, and bomb emojis. The message also had the word “killing” in it, although it is unclear what the full Instagram post actually said. Though the post was not under her name, the girl did admit that she was the one who had posted it when questioned by the authorities.

After the school received word of this potential threat, it notified the police. Police officers got a search warrant and managed to identify the girl through the IP address used to post the image. Once they determined that the threat was not credible, the authorities still charged the girl who posted the image with threatening a school and computer harassment. Her mom claims she was confused as to why her daughter would have posted something like this, but suspects that it may be in response to bullying. One of the biggest questions in the investigation was about what exactly the gun, knife, and bomb emojis really meant and whether or not they could be considered threatening.

Deciphering the meaning of emojis is becoming a growing concern as their popularity grows. This Virginia pre-teen isn’t the first person to get in trouble for posting seemingly threatening emojis online, and she most likely won’t be the last. Almost a year ago, a 17-year-old named Osiris Aristy was arrested after using a gun emoji pointed at a police officer emoji–which the police considered a threat against local officers. During the Silk Road Trial, the judge ruled that punctuation and emoticons were necessary to understanding the evidence presented to a jury, so all texts read on to the record had to include descriptions of the emoticons used. In a case last year, Jesse Enjaian claimed that messages sent to a girl he was allegedly harassing online lacked context when emojis were redacted from the messages. Enjaian argues that with the emojis, the messages took a very different tone.

The problem with emoji interpretation is that their meaning is extremely subjective. While one person might think that adding a winky face to the end of a text makes it fun and light-hearted, the person receiving the text might not feel the same way. The same issue pops up in court cases–does the addition of emojis make a statement more or less threatening? In addition to the question of how emojis can be interpreted, there is also the question of how our First Amendment Rights apply to the internet. Can we really say whatever we want? And where do we draw the line when it comes to threatening or violent speech?

There’s not a whole lot of answers to these questions yet since the age of cyberbullying and emoji use is basically brand new. What everyone should take into careful consideration when texting, tweeting, or posting anything online is the fact that, no matter how funny you may think you’re being, the meaning of your words can be twisted or lost in translation when communicating on the internet.

Alexandra Simone

Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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