More on "Free Speech" vs. "Cyber Smearing" Legal Issuesgreenspun.com : LUSENET : TB2K spinoff uncensored : One Thread |
HMM. HATE SPEECH and EXTREMISM OK but lies about financial statements a "no-no"????
LINK
http://www.sfgate.com:80/cgi-bin/article.cgi?file=/chronicle/archive/2000/06/26/BU107870.DTL
Guess this person never "tuned into Y2k" via TB or GN or Hyatt: "......``I think that people are smart enough to determine for themselves what information on a message board is credible,'' French said. ``I don't think we need a CEO or a judge telling us what we need to read or not read.'' "
Watch the Anon Doomers HOWL. Then ask WHY would they tolerate IRRESPONSIBLE ANONYMOUS POSTING?
http://hv.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=003QKt
LINK
Online Speech Hit With Offline Lawsuits
Companies and their critics clash on message boards
Verne Kopytoff, Chronicle Staff Writer
Monday, June 26, 2000
)2000 San Francisco Chronicle
URL: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/06/26/BU107870.DTL
LINK
http://www.sfgate.com:80/cgi-bin/article.cgi?file=/chronicle/archive/2000/06/26/BU107870.DTL
One Internet user posted an anonymous message on Yahoo that said Hvide Marine, a Florida shipping company, ``hornswoggled'' and ``bamboozled'' shareholders out of their money. Another wrote that the firm's management ``blew it'' and speculated whether they were under investigation by the Securities and Exchange Commission.
The posters eventually got what they wanted when Erik Hvide, the company's chief executive, was fired. But that was soon followed by the unwelcome news that Hvide was suing them and several others for libel, a case that is being closely watched by companies and the Internet community.
In the past two years, at least 70 so- called cybersmear cases have been filed against message-board posters. Among the Bay Area firms that have tried to fight back against online critics are E-Trade, Ross Stores and Sun Microsystems.
Companies and executives say these lawsuits are the only way to protect their reputations and stock prices. But free- speech advocates say Internet users are censoring what they post online for fear of being sued.
``If this trend continues, spirited, healthy and valuable discourse on these thousands of bulletin
boards about thousands of companies will whither,'' said Christopher Leigh, the lawyer representing the Internet posters in the Hvide case, which is under way in Florida. ``People will be afraid to speak their minds.''
Entwined in the debate are questions about online anonymity. Internet users may believe that Web sites guard their identities when they post messages under pseudonyms, but the truth is that the firms regularly disclose names when presented with subpoenas.
However, that practice is being challenged by one anonymous-message poster who filed a lawsuit against Yahoo last month. He says the Santa Clara company violated his rights when it disclosed personal information about him to a company he was criticizing.
Most cybersmear suits center on messages posted on financial Web sites such as Yahoo Finance and Raging Bull. They provide individual message boards for more than 7,000 publicly traded stocks where users can post their views.
The result is millions of opinions ranging from the thoughtful to the profane. Message writers analyze everything from company profits, or lack thereof, to launching personal attacks against executives.
Many small investors visit these message boards every day and use the information posted there to make investment decisions. In some cases, people post disinformation among the messages to illegally manipulate a stock's price in their favor.
OFFLINE RULES APPLY
Eugene Volokh, a law professor who specializes in the First Amendment and the Internet at the University of California at Los Angeles, said rules governing what people can say in print generally apply to the Web. For example, people can air opinions and use hate speech, but they cannot post trade secrets or intentional lies that hurt the reputation of others.
``Those kinds of statements are just as punishable online as off,'' Volokh said.
MORE !!
LINK-FOR-MORE
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/06/26/BU107870.DTL