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November 21, 2006

Less Crushing of Dissent!

In a court ruling that has wide implications for all of us pajama-clad observers, this is good news:


Websites that publish inflammatory information written by other parties cannot be sued for libel, the California Supreme Court ruled Monday.

The ruling in favor of free online expression was a victory for a San Diego woman who was sued by two doctors for posting an allegedly libelous e-mail on two websites.

Some of the Internet's biggest names, including Amazon.com, America Online Inc., EBay Inc., Google Inc., Microsoft Corp. and Yahoo Inc., took the defendant's side out of concern a ruling against her would expose them to liability.

In reversing an appellate court's decision, the state Supreme Court ruled that the Communications Decency Act of 1996 provides broad immunity from defamation lawsuits for people who publish information on the Internet that was gathered from another source.

"The prospect of blanket immunity for those who intentionally redistribute defamatory statements on the Internet has disturbing implications," Associate Justice Carol Corrigan wrote in the majority opinion. "Nevertheless ... statutory immunity serves to protect online freedom of expression and to encourage self-regulation, as Congress intended."


I'm not a lawyer although I play one on TV but I'm guessing this means that if someone publishes something in their own words --that is defamatory to someone else-- on their website and I then quote them on mine, I can't be held liable (but they probably could) for what they said. I'm sure that Glenn could explain it much better...

Note, though that I still have disclaimers all over the place stating that Alphecca is a blog of "opinions..." to help cover my ass.

I'm sure it helped this defendant that she had some heavy hitters in her corner.

Posted by Jeff Soyer at November 21, 2006 04:50 AM
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Your comments are welcome. You don't need to enter a URL and you don't need a "valid" email address, either. Note though that MT Blacklist is installed to flag suspiciously spam-like strings. Unfortunately, because of the bastard spammers, the strings "google.com" and "yahoo.com" (even in your email address) are currently banned as well. So are strings such as "cialis" (a common spam) which rules out words such as "socialism". Try putting a hyphan in a word like that.

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