Dohiyi Mir
    In Which NTodd Says His Peace

Wednesday, October 29, 2003
Go to the new DM blog.


Donald Luskin Stalking Atrios


Start the Atrios Defense Fund:

This firm represents Donald L. Luskin, a Contributing Editor to National Review Online and author and host of Poorandstupid.com, among other activities. You recently linked to Mr. Luskin’s October 7, 2003, posting on his website entitled “Face To Face With Evil,” in which he chronicles his attendance at a lecture and book signing presented by Paul Krugman. You chose the unfortunate caption “Diary of a Stalker” for your link. More importantly, your readers, in responding to your invitation to comment, have posted numerous libelous statements regarding Mr. Luskin. Picking up on the theme you introduced, several have made false assertions that Mr. Luskin has committed the crime of stalking. Such a statement constitutes libel per se, an actionable tort subjecting both the author and the publisher to liability for both actual and punitive damages.

BTW, Luskin's lawyer, one JEFFREY J. UPTON, buys OxyContin from Rush Limbaugh's maid. And he boils kittens.

ntodd

[Update: eyeteeth over at Atrios posted this tidbit:

The Ninth Circuit Court of Appeals ruled last Tuesday that Web loggers, website operators and e-mail list editors can't be held responsible for libel for information they republish, extending crucial First Amendment protections to do-it-yourself online publishers.

Online free speech advocates praised the decision as a victory. The ruling effectively differentiates conventional news media, which can be sued relatively easily for libel, from certain forms of online communication such as moderated e-mail lists. One implication is that DIY publishers like bloggers cannot be sued as easily.

"One-way news publications have editors and fact-checkers, and they're not just selling information -- they're selling reliability," said Cindy Cohn, legal director of the Electronic Frontier Foundation. "But on blogs or e-mail lists, people aren't necessarily selling anything, they're just engaging in speech. That freedom of speech wouldn't exist if you were held liable for every piece of information you cut, paste and forward."

Excellent, so even if I claim that Luskin is not only a psychotic stalker, he's also a child molester, and Upton used to dump bodies in the East River for the mob, it doesn't matter. Whew!]


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