Politech is the oldest Internet resource devoted to politics and
technology. Launched in 1994 by Declan
McCullagh, the mailing list has chronicled the growing
intersection of culture, technology, politics, and law. Since
2000, so has the Politech web site.
New Jersey editor sues anonymous posters for disrupting site
- Date: Fri, 07 Sep 2001 13:48:34 -0400
- To: politech@politechbot.com
- Subject: FC: New Jersey editor sues anonymous posters for disrupting site
- From: Declan McCullagh <declan@well.com>
- Cc: rick@ravin.com, PLEVY@citizen.org, emersoneye@yahoo.com
Background, from the archives:
"New Jersey officials sue news website over namecalling, criticism"
http://www.politechbot.com/p-02355.html
"More on New Jersey officials sue news website over namecalling"
http://www.politechbot.com/p-02399.html
*********
Date: Fri, 07 Sep 2001 13:19:04 -0400
From: "Paul Levy" <PLEVY@citizen.org>
To: <declan@well.com>
Subject: Untoward development in the Emerson case
I am providing for your info the URL for an answer and counterclaim that
Steven Moldow, the defendant in the Eye on Emerson case, has
filed. http://www.geocities.com/emersoneye/lawsuit/answer.html
One can debate whether he has a sound claim for violation of his civil
rights against the government officials who have sued him - - personally I
doubt it - - but the really sad thing is that he has also alleged tort
claims against several anonymous posters on his own bulletin board,
alleging that they put nasty posts on the bulletin board in order to
disrupt the board.
You'd think the defendant in a free speech case would know better than to
file such a suit. Indeed, what's really odd about this is that Moldow
could simply have moved to dismiss the case against him under the
Communications Decency Act and the First Amendment (remember most of what
he has been sued for is the allegedly defamatory comments posted on his
bulletin board). Instead, in the name of being "proactive" and, I suppose,
trying to give the plaintiff's another reason to go away, he has asked the
Court to issue an order restricting the First Amendment rights of
posters. So, what's the next step, is he going to subpoena their
identities himself? Yech.
Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation/litigation.html
-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
Declan McCullagh's photographs are at http://www.mccullagh.org/
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
-------------------------------------------------------------------------
Return to politechbot.com