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IDemo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 04:29 PM
Original message
Calif. court says bloggers can't be sued
State's Supreme Court said a federal law gives immunity from libel suits

By Pete Williams
Justice correspondent
NBC News
Updated: 1 hour, 55 minutes ago

The California Supreme Court ruled Monday that bloggers and participants in Internet bulletin board groups cannot be sued for posting defamatory statements made by others.

In deciding a case closely watched by free speech groups, the court said a federal law gives immunity from libel suits not only to Internet service providers, like AOL, but also to bloggers and other users of their services.

"Subjecting Internet service providers and users to defamation liability would tend to chill online speech," today's unanimous ruling said.

The decision (http://www.courtinfo.ca.gov/opinions/documents/S122953.PDF) is a victory for Internet free speech advocates, who warned that a contrary outcome could have affected users of newsgroups, blogs, listservs, and bulletin boards who enter those forums to discuss the views of others. A loss could even have jeopardized websites run by students to evaluate their professors, said the ACLU and the Electronic Frontier Foundation in friend of court briefs.

http://www.msnbc.msn.com/id/15817955/
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 04:30 PM
Response to Original message
1. That's great! n/t
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Rainscents Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 04:40 PM
Response to Original message
2. K & R!!!
:kick:
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 04:44 PM
Response to Original message
3. Thank goodness for that
considering how many I've libeled on this board, alone.
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NMDemDist2 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 06:34 PM
Response to Reply #3
5. it is good news, but I don't believe a word of your statement
we all know you are loving kindness incarnate!

:evilgrin:

:hi:
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cboy4 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 05:14 PM
Response to Original message
4. Doesn't matter to me. I ONLY say NICE things about everyone!
:spray:
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evilgenius602 Donating Member (105 posts) Send PM | Profile | Ignore Mon Nov-20-06 07:19 PM
Response to Original message
6. ahhh total freedom...
"That Idemo is a real whore!"
...just kidding...
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Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 07:44 PM
Response to Original message
7. A victory for common sense
Forcing us all to be our online brother's keeper is a bit much. Though we can encourage civility, enforcing it isn't foolproof so the legal liability thing's too punitive.
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Tom Joad Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 09:06 PM
Response to Original message
8. Hey CFT, your off the hook. Lucky You!
I have been falsely accused of a crime on the internet. I wonder how far this decision goes.
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 11:07 PM
Response to Original message
9. Read it carefully.
Edited on Mon Nov-20-06 11:35 PM by drm604
It says bloggers and posters cannot be sued for posting defamatory statements made by others. So if I say "Joe has claimed that Sam is a thief" I can't be sued. On the other hand, if I say "Sam is a thief" them Sam may be able to sue me. At least that's how I read it.
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sofa king Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-20-06 11:48 PM
Response to Reply #9
10. Yay! My friend says, "eat my poopy, Shrub!"
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Original message
11. Web Sites Not Liable for Posts by Others
SAN JOSE, Calif. (AP) - Web sites 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 Web sites.

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 that 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.

more...

http://www.lasvegassun.com/sunbin/stories/tech/2006/nov/20/112002307.html
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #11
12. NVMojo smells like cheese!
:yoiks:
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #12
13. you love me! How cute!!
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #13
15. lol
:pals:
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #11
14. Here's to hoping it might
temper the Church of Scientology's habit of suing anyone who dares to say anything bad about it.

Allow the posters to maintain their anonymity in the face of such harassment and this could be a godsend for those the "Church" has decided to persecute.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #14
16. You hear that Church of Scientology???
@%#^$%@^@&^^&$$&&^#@@%^^!^^@&@*#*&*&$

Can't figure it out Church of Scientolgy? Tuff crap!! We really feel bad for you--- NOT!!!!!!!!!!!!!!!
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Mythsaje Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #16
17. LOL
They're known bullies.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:18 AM
Response to Reply #17
18. Remember what was done to Hari Krishnas at airports??
Clickers

They can be very annoying
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Tom Joad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 02:12 PM
Response to Reply #17
20. And now they have Katie Holmes on their side.
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Laelth Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-21-06 11:00 AM
Response to Original message
19. Good news, indeed.
Kudos to the California Supremes! :toast:

-Laelth
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