Not to 'chill' the Comments, but...

Monday, July 21, 2008

Not to 'chill' the Comments, but...

...this should be of interest to us all:

"The authors of anonymous online posts that accused a former congressman of paying $25,000 to the mayor of Mamaroneck, N.Y., in connection with a home renovation project may soon find themselves the named defendants in a defamation action."

Cite: N.Y. Court Defines Test for Obtaining Identities Behind Online Posts.

Everyone feels braver and more rambunctious behind a modem and a Nom de 'Net, but this is about personal responsibility.

I'm not concerned for the simple reason that OtBB "vets" every Comment before it is posted, and the baseline is:

  1. Did the person making the Comment post from a genuine E-dress?
  2. Is the Comment defamatory?
  3. Is the Comment demonstrably accurate and verifiable?

Ignoring Deputy Mayor Jim Kametler's ill-considered, and even more poorly executed, "Cease and Desist" sally of last month, this is not a concern here.

However, it may be for The Press' 27East.com site, since they currently "review" rather than "preview" on-line responses.

Comments

1. Ace said...

Perhaps this tidbit of information will inspire rather than deter. If a Congressman can bring a suit on the grounds of a mere Internet post, think of what a certain *cough* *cough* Chief of a certain local Village would have to bring to the table against the First Hampton Party. Let's see: libel, slander, defamation; to name a few.

Since the installation of our favorite opossum wrangler and hotelier some years ago, this Village has endured continued attempts to defame the Chief as well as numerous whistle blowers of the First Hampton Party's illicit actions.

The erroneous mudslinging from the First Hampton Party has been going on far too long; and it is time to see them pay for their actions.

Okay, how do you propose that this be accomplished?
Dean

2. Bea Ware said...

Boy, You sure know how to kill a blog party!

But that's just it, Bea... no one has anything to worry about here.

There is a "message board" in these parts that does should have some concerns because literally anything goes, and except for myself and Dave Willmott Jr. who use our own names in our infreqent appearances there, virtually everyone else will say anything about anyone because they, as do you, use a pseudonym.

And as for 27East.com, I have every confidence that they will sort there "growth pains" out as they go along.
Dean

3. Pepper Mintz said...

So does that me we can trash people to our hearts content on your blog?

Nope! I can, but you can't.
Dean

4. Bea Ware said...

I use a pseudonym because I know a "Gag Order" always follows a "Cease and Desist" (a tactic used by bullies) even though such types of orders have been struck down by the Supreme Court as being an unconstitutional obstruction of freedom of speech... In other words, who needs it.

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