If the list manager does not wish to warn such a person and initiate list punishment, I constitute that the list manager and this forum are in support of their statements and partially liable for their actions.
I handle libel and slander as a substantial part of my law practice. I have posted on my website a basic summary of the elements of defamation law in Minnesota, at
http://www.abbottlaw.com/defamation.html
As amusing as it might be to see our list manager in the dock for failing to police the forum, it's not going to happen.
You can't sue the phone company for slander disseminated over the phone lines, even if they have actual knowledge of the phone calls in question. Nor can you sue the post office for libel disseminated in letters sent by mail, even if they have actual knowledge of the contents. For better or worse, the law has decided that people who host and moderate internet bulletin boards also fall into this "common carrier" category.
Individuals can be held liable for defamatory statements posted to an internet bulletin board or mailing list. But bringing an action for defamation is more complicated than it seems -- there are a lot of legal defenses, not the least of which is the First Amendment.
Still, as Sgt. Esterhaus used to say in Hill Street Blues, "be careful out there."
Greg Abbott
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Greg Abbott
Linden Hills
13th Ward
