Chat Room Libel Suits (Yikes)

Chat room libel case goes before state high court - Are anonymous Internet remarks about public officials protected?

"We are not saying that there should be complete immunity from suit whenever someone says something anonymous on the Internet," Beeson said. "We are only arguing that, especially when it's a public official that is criticized -- that public official has to show that she actually suffered some harm from the statement before she can proceed to unmask the speaker."

Chilling Story

I don't know how chilling this is. If you don't commit libel, you won't be subject to a libel suit. And for those that think they can say just anything they want, the day of anonymity on the internet is just about over. If you say something bad enough, you will be found out.

It's chilling when you consider that on-line political debates usually get heated! People often repeat things that they have heard (w/o verification)

I understand your stance Mdindef, I just see this as an infringement on our freedom of speech.

I'm concerned.... What's next? Lawsuits from the loosers in this years County Commisioners Race? So and So called me a looser on-line that's why I lost? I hope not.

I can see this going to far.

I don't find it chilling at all. Not only must the person show damages but I believe they must also show the statements to be untrue. Someone correct me on that if I'm wrong. And if a forum member makes untrue statements that cause damage to someone else, they deserve to get busted.

Then there's a process you have to go through. Since you all are double-anonymous on here (meaning you use a screen name AND aren't using us as an ISP), if one of you made a libelous statement and a politician or whoever decided to file charges, they'd have to get a court order to get your email address or IP address from us, then they'd have to go to your ISP to get your identity. And even after all that, it's hard to win a libel case.

Think about op-ed columnists and some of the things they say about politicians. Rarely do politicians go after them for libel. The only one I can think of off the top of my head is Sidney Blumenthal going after Drudge for the wife-beating allegation. Here's how that ended up:
http://www.newsfactor.com/perl/story/9420.html

Blumenthal not only didn't win his case BUT he had to pay Drudge's legal expenses too.

Originally posted by Kain99
I understand your stance Mdindef, I just see this as an infringement on our freedom of speech.

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I'm all for freedom of speech, but we are not free to make false statements, using written, printed, or pictorial statements that damage a person by defaming his character or reputation, or exposing him to public ridicule. "Freedom of speech" says we can say or write what we want, but the anonymity of this or any other BBS or Chatroom doesn't relieve us of the responsibility for what we say. Libel has potential consequences. There are precedents for obvious satire as well, which is how the late night talk shows get away with it.

If the statements you make are true, then it's not libel, and you've nothing to fear from this new precedent. If they're untrue, then you're guilty of libel.

Originally posted by MDindef
If the statements you make are true, then it's not libel, and you've nothing to fear from this new precedent. If they're untrue, then you're guilty of libel.

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O.K. What if I belive that a candidate or Congressman is a disgusting immoral human being? Can I say so without first proving my point through an attorney?

Let's just say I think a female Senator is a joke and left to her own devises could damage society as we know it. Can I say so?

And lastly, What if a liberal talk show host's show is cancelled and I openly state the reasons why the "pig" should have been removed from the air months ago.

Are these statements libelous?

Obviously no one has the right to make up lies about anyone. But I can see the law suits flying over BS already.

It doesn't look like any of the examples you gave were lies. They look like your opinion. Being opinions, like editorials, they're not libelous. I agree with your last statement, too. "No one has the right to make up lies about anyone."

One of the things you said earlier makes me wonder though. If someone passes some bogus information to you, which you then post, who is guilty of libel? You or the person who first passed it to you? That's why I almost never post or reply to forwarded information. "Believe none of what you hear and only half of what you see!"

As long as you are just expressing an opinion you are pretty much protected under free speech doctrine, but if you claim something about a person or entity is a fact you better have your ducks in a row to back it up. So preface everything with "In my opinion" and you shouldn't have a problem.

Originally posted by Ken King
So preface everything with "In my opinion" and you shouldn't have a problem.

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Probably don't even have to go that far. Think "actions" when it comes to libel:

"Hillary Rodham Clinton is a scumbag." No action, no libel.

"Hillary Rodham Clinton killed Vince Foster." Action, therefore libel.

"Hillary Rodham Clinton told me that she killed Vince Foster." Action, libel.

Of course, now HRC has to prove that she didn't do these things. And she would have to show that the statements harmed her in some way. Libel usually isn't worth going after - most politicians just make a statement to the contrary and "silence" any witnesses.