Posted on 07/11/2002 11:11:50 PM PDT by ppaul
ST. PAUL, Minn. (AP) -- The state Supreme Court ruled Thursday that a Minnesota woman who wrote a message on the Internet critical of an Alabama scholar cannot be sued for libel in the scholar's home state. The woman's lawyer said the ruling shows that free-speech rules covering newspapers, magazines or television also apply to a new medium like the Internet.
The high court vacated a $25,000 judgment against Marianne Luban, whose criticism on an Internet newsgroup devoted to Egyptology was directed at Katherine Griffis, a scholar living in Alabama.
The Internet posting mentioned that Griffis had ties to Alabama, and the scholar sued for libel in her home state. Luban refused to attend court sessions, her lawyers arguing that Alabama did not have jurisdiction, leading to the default judgment.
Griffis then asked a Minnesota court to enforce the award.
Luban's attorney argued the initial suit should have been filed in Minnesota, saying most libel cases for printed materials occur in the place where the statement is produced.
The high court's unanimous decision overturned rulings in two lower Minnesota courts upholding the Alabama verdict.
"The fact that messages posted to the newsgroup could have been read in Alabama, just as they could have been read anywhere in the world, cannot suffice to establish Alabama as the focal point of the defendant's conduct," the court's opinion said.
Griffis' attorney, Peter Erlinder, said he may appeal to the U.S. Supreme Court.
"We think the court simply misread the law," he said, adding that the ruling effectively gives Minnesotans freedom "to attack people anywhere in the world" and never have to prove they were in the place where the damage was done.
Luban's attorney, John Borger, said the ruling extends traditional libel protections to cyberspace.
"Engaging in a general discussion to a general audience will not be enough to lead to a suit elsewhere even if the person being talked about lives in another state or country," he said.
Link to article HERE.
Wham!
I suppose this will put the kebosh on any plans Bill and Hillary may have had to sue Free Republic in New York or Arkansas, eh?
Guess again. Bill and HILLARY! (tm)'s minions will continue to harrass forums like FreeRepublic. It's their nature.
Case in point is this:
When the LA Times and Washington (com)Post sued FR for copyright infringement, it was specifically to prevent a nationally viewable forum from listing word for word articles from their electronically posted version of their printed paper. Members of the forum would then discuss the article, and as usually the case with both paper's articles, bash them for their liberal bent or for their mindless support for the two Clintoons. The suit was an effort to stop the nationwide embarrassment of the papers and put the ka-bosh to reasoned debate (something the 'Rats don't like).
Now for a look at the other side of the coin. Many forums use articles from publications from all over the web. None of these were sued to stop them from using the Times and Post products. Or articles and columns from any other publication.
Bottom line is basically this: If leftist media senses that a nationally viewable forum is making an impact with the electorate contrary to their own agenda, rather than making a stand and arguing their position in full view, they, the leftist media, will attack the offending forum through the courts in an all-out effort to finacially destroy their enemy rather than rationally debate them in the open.
Do We Have The Mummy Of Nefertiti?In brief, Luban claims that the Elder Lady is Tiye, the Younger Lady is Nefertiti, and the 'Thutmose I' mummy is actually that of Hatshepsut.
Is The Mummy "Thutmose I" Really Hatshepsut?
Queen Tiye And The Co-regency
by Marianne Luban
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