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I can understand Adoption Forums' fear of being sued, but they should rest easy knowing that potential cases of "libel" (negative postings by individual subscribers to a discussion forum such as this) have been struck down in support of "free speech."
Case in point from the "Wired" site (THE source for news about Internet usage and legalities):
June 30, 2003
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 (like network TV, newspapers, etc.) 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."
...Tuesday's court ruling clarifies the reach of the immunity granted by the CDA (1996 Communications Decency Act) to cover noncommercial publishers like list-server operators and others who take a personal role in deleting or approving messages for online publication.
"Here, the court basically said that when it comes to Internet publication, you can edit, pick and choose, and still be protected," said Cohn.
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Please note that I am not in any way challening the Adoption Media decision to disallow postings re: adoption professionals and agencies. This is their right, and we need to respect it. My post is meant only to comfort those who may be concerned about past messages they may have posted. Rest easy, you can't be sued. ;)
Yep, you are correct. The chance of this site being sued successfully is nil. I don't think their decision had anything to with the fear of libel or any type of lawsuit. I believe it has already been pointed out several times that it had more to do with their advertisers.
- maggie
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