FC: New Jersey officials sue news website over namecalling, criticism

[Declan McCullagh <declan () well com>]

Unfortunately the Bergen Record did not publish the site's address:
http://www.geocities.com/emersoneye/

Legal documents:
http://www.geocities.com/emersoneye/lawsuit/contents.html

Let's look at what the plaintiffs are upset about, from their complaint:
> * False claims by "Anita" on May 1, 2001 that plaintiff Calogero "hasn't 
> told the truth since she was sworn into office"
> * A message dated June 24, 2001 from "Woody" claiming that (plaintiff) 
> Donato and (plaintiff) Obernauer tried to close down the Eye on Emerson 
> website and that they were inhibiting free speech
> * A poll posted by "Animal Planet" on or about July 5, 2001 that asked 
> users, "What animal does (plaintiff) Vince (Donato) most resemble?", the 
> choices being: "Donkey (A$$), Horny Toad, Snake, Weisel (sic) and Chicken";
> * Messages from Destroyer, Girls Softball Parent and others that plaintiff 
> Donato should "rot in hell" and/or "burn in hell";
> * A message from "John" stating, (plaintiffs) "Vince, Gina and Larry YOU 
> SUCK";

Perhaps some of the other posts come closer to violating libel law, though 
in any case the plaintiffs should be suing the posters, not the news 
website that's providing a discussion forum. (Would these aggrieved local 
politicians sue the New York Times for what's posted on nytimes.com, and 
expect to succeed? Besides, if saying a politician "hasn't told the truth 
since she was sworn into office" violated the law, we'd all be guilty.) 
This smacks of terroristic tactics designed to muzzle independent news outlets.

-Declan

*********

http://www.bergen.com/news/emersonec200108053.htm

Officials say online critics have gone too far

   Sunday, August 5, 2001

   By EVONNE COUTROS and ADAM LISBERG
   Staff Writers

   Stephen Moldow says he simply wanted to help out his hometown of
   Emerson when he set up a Web site 18 months ago.

   The site provides borough residents with information as mundane as the
   municipal budget and the minutes of the Shade Tree Commission's
   meetings.

   But it was also a forum that allowed anonymous critics to post
   messages about elected officials -- accusing one of urinating in a
   swimming pool and another of infidelity in marriage.

   Now, Moldow is the defendant in a lawsuit filed by two Borough Council
   members, a candidate for office, and a councilwoman's husband who say
   they were defamed by messages posted on the discussion board. They
   also have sued dozens of people identified only by their screen names.

   [...]




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