-----Original Message-----
From: techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com] On Behalf Of
James Barrow
Sent: Wednesday, January 31, 2007 10:20 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List
>Fred Ridder said:
>
>So Jim, are you saying that you were not the person who said "They
>would have to prove a) a post to this website was actually a crime"?
I did indeed post that.
>And for the record, the one and only place in the thread where the
>words "crime" or "criminal" were used in any posting to the list was in
>a message from Janice Gelb where she was directly quoting from an item
>on a case law website. The word "criminal" did appear in the quotation,
>but the whole point of the quotation was that a specific statute in
>Illinois had been interpreted by the state's supreme court as part of
>criminal libel law [rather than civil libel law] and therefore subject
>to issues of intent and purpose rather than simply the truth or falseness
of the statement.
The link that Janice posted talked about a defense to a charge of criminal
libel. Going on that, I looked up Criminal Libel which, in some states, is
a Class 6 Felony:
"All that changed in 1964, when the U.S. Supreme Court concluded that public
officials (later broadened to include public figures) could not win a libel
verdict or secure a criminal-libel conviction without proving that the
report was made with "actual malice," and either published with the
knowledge that it was untrue or done with a reckless disregard for the
truth."
In reference to the Techie List, the subject of a poor rating would have to
prove actual malice to support a charge of criminal libel. But, in my haste
to get to my lunch, I didn't map out the happy path from Janice's link to my
comment. I apologize.
>So as far as the thread itself goes, you *were* the first (and only)
>person to state or imply that libel was a crime. Check the list archive
>if you think I'm wrong.
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