Paul wrote:
> If the site routinely "publishes" such statements with no
> fact-checking (and of course there won't be any), I'd imagine
> there could be some kind of legal trouble. Is it akin to a
> newspaper printing a slanderous article from a correspondent?
> I think one might be able to make that argument stick.
Here, I agree completely.
I oppose the calls for censorship or elimination of such sites, but that
doesn't imply that I oppose the imposition of accountability standards on
them.
A web site _is_ legally the publisher of the data contained on its pages.
As such, it has clear legal liability for any libelous posts or any which
defame the character of non-consenting individuals or organizations, or
which violate the privacy of such individuals (public figures are often
legally excluded from the latter protection). Thus, the person who is
defamed, who is falsely accused of acts or behaviors s/he did not commit,
or who is publicly ridiculed (in a case where the ridicule cannot be
supported as legitimate use of satire) has legal grounds for action
against the site. For example, while there is absolutely no reason for
someone to be offended by being referred to as homosexual (whether or not
the reference is accurate), the accusation of being a "Raging Homosexual"
cited earlier, because it _could_ potentially jeapordize the person's
career would (unless provably true, of course--and "Raging" is a tough
claim to substantiate) justify legal action against the site.
Requiring a site to exercise caution in the public posting of inflamatory
or libelous messages concerning non-participants on the site is a great
deal different from calling for the elimination of the site, and is an
action that I--and most rational people--can obviously support completely.
Perhaps the solution to a site such as this one is not to try to shut it
down, but instead to ask a colleague with a background in law to write a
message to the Webmaster of the site explaining the nature of his/her
legal liability and rationally suggesting ways in which the site can
maintain its independence and freedom of expression while protecting the
rights of faculty members as well. That way, everyone profits including
the students who would then be able to make use of more accurate
evaluations in reaching decisions concerning their course selections.
Comments?
Rick
--
Rick Adams
[EMAIL PROTECTED]
[EMAIL PROTECTED]
Department of Social Sciences
Jackson Community College, Jackson, MI
"... and the only measure of your worth and your deeds
will be the love you leave behind when you're gone."
Fred Small, J.D., "Everything Possible"
