So I have heard mixed things all the way from you own the Discord server and thus the laws of FS, such as FOS, don’t apply to it all the way to where FOS does apply and thus employees are protected within department Discords. Because of this, I am asking for your opinion / insight into this.
First answer the question: To what extent do the laws and constitution apply within department (FS related) Discords? (Current Interpretation)
And Secondly: What extent should the laws and constitution apply within department (FS related) Discords? (Opinion)
We already had this discussion back when the DoJ attempted to execute a search warrant on the FDOA Discord. Discord cannot be used for evidence. But for some reason can be used to terminate employment.
If anything, FS Laws and constitution should not ever apply in FS Department discord, however departments should be given full right to handle their own discord to their own ruling. If they want to issue strikes off of warns and kicks they should be permitted to, as every member from their department would be kept to the same standard. Only issue, they need to keep logs and proof in case they’re contested.
I got threatened at one point to allow DOJ or.someone in the coirts into our “criminal discord” or they would constantly give us arrest warrants until we did so lol
discord doesn’t uphold the constitution, but I do agree with what you do in discord could get you fired and those seem like conflicts of interest
I think it’s a common-sense type of thing, not gonna lie to you - and let me explain:
The constitution/laws of the state should not apply to discord, you cannot plea to a crime unless under oath, or any evidence be used on the discord platform be used against you - that’s unfair and common sense. You won’t arrest a criminal because they went off and admitted they committed 43 felonys on discord, simply because there isn’t proof to back that up.
BUT, as per departments, discord is their backbone of communication. They, in my opinion, have a right to do with your employment as they wish if you break a regulation/rule within their department, as it is the only way of communication.
as per the court, search warrants should only be allowed into discord chats if they are under a department, and they pertain to a very high-level case that needs further investigation, BUT, only for certain alleged crimes that would affect employment status to a certain degree.
in my personal experience, even though it’s unmoral, say fuck you to the courts as they cannot do anything to you if you deny a search into your discord. they need proof, ingame, to charge you anyways.
I support the law applying within reason. There are some crimes that are impractical to either actually commit in game, or plan in game such as treason or overthrowing officials like FSPGate; these offenses greatly affect the community and should be punishable if they’re not in game. If you plan an offense against the State like treason via Discord you can be linked positively back to a Roblox account via the !whois command, so it’s not like false convictions are possible. And simply saying in the FS Discord “I did x” isn’t enough for a criminal trial or a warrant, there’s no corpus delecti. Though I do affirm that people can Yeet you from their Discords at their whim and you have no right to be there legally speaking.
Discord evidence in court cases, warrants, and anything of the sort is permissible as long as a definitive link of identity can be made. The only clear exception is cases of defamation – and harassment, but it’s a subject no one’s discussed yet in court
A rule of thumb is that if the discord evidence is probative to the case (or relevant per se), it is admissible during discovery. Whether or not department discords are under the laws and constitution of the state is one of the gray areas of our jurisprudence, but I would say they are simply because of past cases that were disputed using mainly only discord evidence which provides a substantive precedent for future cases. Really, if the court is willing to consider 1 F.S.C. 17 (2017) and agree with the assertion that discords are under the umbrella of the constitution and existing laws, then the answer would be yes.