RE: Techie's List

Subject: RE: Techie's List
From: "Eason, David" <David -dot- Eason -at- lsi -dot- com>
To: "Lauren" <lt34 -at- csus -dot- edu>, <vrfour -at- verizon -dot- net>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Fri, 2 Feb 2007 11:26:09 -0700

Actually, a class 6 felony is the lowest grade. Premeditated murder is a
class 1 felony.

David Eason

-----Original Message-----
From: techwr-l-bounces+david -dot- eason=lsi -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+david -dot- eason=lsi -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Lauren
Sent: Thursday, February 01, 2007 7:38 PM
To: vrfour -at- verizon -dot- net; techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List

"Criminal Libel ... is a Class 6 Felony"?

Wow. That one can get a person's attention.

Lauren

-----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:

http://www.firstamendmentcenter.org/analysis.aspx?id=17263

Then I found a link where this archaic law was recently enforced:

http://www.firstamendmentcenter.org/commentary.aspx?id=12468

"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.

Nope, I believe you.

- Jim


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