Be careful what you say on APC
08-19-2009 | 06:24 AM
#13
Gets Weekends Off
Joined: Apr 2008
Posts: 810
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From: King Air 200 CA Hawker 800/900 FO
This is nothing new. Many "anonymous" message boards have been sued for a member's IP address and email address. Most simply comply with the request to avoid a costly legal bill, throwing the poster under the bus. Yes, be careful what you say, especially here on APC. Unlike the others, you don't need to be a member to read the comments here... they even show up on Google. Anyone and everyone can read everything we write here.
08-19-2009 | 09:42 AM
#14
Gets Weekends Off
Joined: Feb 2006
Posts: 6,248
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From: 767A (Ret)
Calling Vagabond
I believe the landmark court case limiting the rights of public figures in this area is "New York Times v. Sullivan".
08-19-2009 | 12:28 PM
#16
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Joined: Jan 2009
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Calling someone a "skank" sounds more like an opinion to me.... And I wonder what her damages are?
Public figures can still sue for defamation, but they must show actual malice or reckless disregard for the truth in addition to the other elements of defamation. At least that's what I remember from the law school days.
Public figures can still sue for defamation, but they must show actual malice or reckless disregard for the truth in addition to the other elements of defamation. At least that's what I remember from the law school days.
08-19-2009 | 05:28 PM
#17
Prime Minister/Moderator
Joined: Jan 2006
Posts: 45,127
Likes: 796
From: Engines Turn or People Swim
The plaintiff sues the poster, not website operator. The plaintiff is then entitled to gather evidence to support his case.
Usually the "request" would be a subpoena/discovery order...those are not requests, they are court orders which you must comply with. The website operator is not usually getting sued, so he has to comply or face contempt charges...most will not sit in jail to defend some random forum poster whose mouth got the better of his brain.
It would be difficult and unusual to mount a legal defense against a subpoena...you would need to show that the request was not lawful, or that the judge was in collusion with the plaintiff or something like that.
08-19-2009 | 06:05 PM
#18
Gets Weekends Off
Joined: Mar 2006
Posts: 2,963
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From: SkyWest Capt.
Yep, it would take maybe a second or two for someone to find out who I am and most all SKW posters on here already know me by name. I make no effort to conceal my identify so when someone says I or someone else is hiding behind a screen name I can't help but laugh.
08-20-2009 | 04:32 AM
#20
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Joined: Aug 2006
Posts: 876
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From: Captain, CRJ-200, ASA
That's not quite how it works...
The plaintiff sues the poster, not website operator. The plaintiff is then entitled to gather evidence to support his case.
Usually the "request" would be a subpoena/discovery order...those are not requests, they are court orders which you must comply with. The website operator is not usually getting sued, so he has to comply or face contempt charges...most will not sit in jail to defend some random forum poster whose mouth got the better of his brain.
It would be difficult and unusual to mount a legal defense against a subpoena...you would need to show that the request was not lawful, or that the judge was in collusion with the plaintiff or something like that.
The plaintiff sues the poster, not website operator. The plaintiff is then entitled to gather evidence to support his case.
Usually the "request" would be a subpoena/discovery order...those are not requests, they are court orders which you must comply with. The website operator is not usually getting sued, so he has to comply or face contempt charges...most will not sit in jail to defend some random forum poster whose mouth got the better of his brain.
It would be difficult and unusual to mount a legal defense against a subpoena...you would need to show that the request was not lawful, or that the judge was in collusion with the plaintiff or something like that.
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