SD v Tracy Walker 2025 SDIC 6

SD v Tracy Walker [2025] SDIC 6

Date of judgment	1st August 2025
Judge	Judge ppatpat
Cause	Certification and Sentence under Art. 22 §2.4 of the Constitution
Verdict	One Permanent Ban
Applicable persuasive precedent

Certification and Sentencing by Judge ppatpat

Introduction

[1] The State through the State Attorney's Office Director Matt Cheney requested a Certification and Sentence pursuant to Art. 22 § 2.4 of the Constitution.

[2] As Evidence the State provided one affidavit and screenshots sworn under Penalty of Perjury that proved the accused sent them information doxxing a member of SimDemocracy.

Considerations

[3] Doxxing another person violates the Terms of Service of Discord as described in the Community Guidelines No. 3, (see also Reference re Length of Summary Bans [2020] SDSC 22 [9], Spade Law Firm, ex parte State of SimDemocracy (Appellant) v Freax (Respondent) [2020] SDSC 24 [6], et. al.).

[3.1] Furthermore, this speech is wholly unprotected. To cite myself from SD v Flashing Lights [2025] Crim 105 [12]:

“As held in In re Restraining Order Act [2019] SDSC 1, the freedom of expression is a qualified right, subject to limitation where it infringes on other fundamental rights, in this case, the right to privacy protected under Article 19. Where expression takes the form of malicious publication of personal data—especially that which targets private individuals—it exceeds the protections afforded by our Constitution, which solely protect a citizen’s rights to freely express their political and religious beliefs.” 

[4] The Constitution requires the certification be issued for cases of egregious cases of Terms of Service violations but provides no final clarification on what an egregious case might be. It lists multiple examples though of what constitutes an egregious case, namely a repeated offence in a short amount of time (Art. 22 § 2.4.1.(a)). Given the affidavit and screenshots proved the message was sent repeatedly an egregious case is reached.

Verdict

[5] The User Tracy Walker (ID: 1377264570971852830) is sentenced to a permanent ban (in line with ppatpat, ex parte State of SimDemocracy (Appellant) v keepbloxburgsafe [2025] SDSC 21 [5] and Reference re Length of Summary Bans [2020] SDSC 22 [48]) to a permanent ban from SimDemocracy and all its venues. The ban already executed is thereby certified. It is so ordered.