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Appeals court: First Amendment protects forum trolls too
Arts Technica ^ | February 7, 2008

Posted on 02/10/2008 7:47:43 PM PST by gondramB

Anonymous trolls on the Internet are allowed to remain anonymous, a judge in a California appeals court ruled yesterday. Not only that, but they're allowed to exercise their First Amendment rights and speak their minds, no matter how scathing their comments may be. The court opinion reversed a previous decision that would have allowed Lisa Krinsky, COO of a Florida-based drug service company, to subpoena 10 anonymous Yahoo message board posters' real names.
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These posters regularly made what the judge described as "scathing verbal attacks" against these officers. This included referring to the trio as "a management consisting of boobs, losers and crooks," and with one poster (Doe 6) describing Krinsky when he said "I will reciprocate felatoin [sic] with Lisa even though she has fat thighs, a fake medical degree, 'queefs' and has poor feminine hygiene."

(Excerpt) Read more at arstechnica.com ...


TOPICS: Extended News
KEYWORDS: calea; foruminternet; s1959; senatebill1959; trolls
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At first read, this seems like a reasonable ruling to me. It leaves it to the forum to decide what level of anonymity to give to members, from a civil standpoint.

I assume that if this were a criminal or homeland security matter the ruling would be different.

1 posted on 02/10/2008 7:47:47 PM PST by gondramB
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To: darkwing104; dynachrome; 50mm

Riiiiiiiiiiiiiight...


2 posted on 02/10/2008 7:49:50 PM PST by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: gondramB; Jim Robinson

But the owners of the forum have no obligation to allow trolls to keep posting either.


3 posted on 02/10/2008 7:49:53 PM PST by Paleo Conservative
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To: gondramB

cool, scath on. ;-)


4 posted on 02/10/2008 7:50:16 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: gondramB

And the ruling says nothing about them being immune to Viking Kittens.


5 posted on 02/10/2008 7:50:18 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: gondramB
What about gnomes?

6 posted on 02/10/2008 7:51:13 PM PST by kinoxi
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To: Paleo Conservative

>>But the owners of the forum have no obligation to allow trolls to keep posting either.<<

Exactly. This seems to leave it in the hands of the forum owner (at least until there is a criminal consideration). Thus I think this is the right ruling.


7 posted on 02/10/2008 7:51:25 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: gondramB

What about the rules of slander? I thought you couldn’t accuse someone of committing a crime without evidence.


8 posted on 02/10/2008 7:52:01 PM PST by aynrandfreak (The Left hates America)
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To: gondramB
Just practicing!


9 posted on 02/10/2008 7:52:10 PM PST by Paleo Conservative
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To: gondramB
And the ruling says nothing about them being immune to Viking Kittens.

Yep we got 'em here!

10 posted on 02/10/2008 7:52:14 PM PST by John123 (Wahhabism is the best choice for anyone too stupid for scientology...)
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To: gondramB

Libel and slander are crimes.

Calling someone a “crook” is a direct attack on their character by calling their actions CRIMINAL.

To permit this as “free speech” is also to permit an online death threat (another bit of speech that is NOT protected by the First Amendment).


11 posted on 02/10/2008 7:53:03 PM PST by weegee (Those who surrender personal liberty to lower global temperatures will receive neither.)
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To: gondramB
Crud, I looked up “queefs.”

Gads, I didn’t need to know that.

12 posted on 02/10/2008 7:54:14 PM PST by ConservativeMind
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To: kinoxi

.........and moonbats?


13 posted on 02/10/2008 7:54:19 PM PST by Lijahsbubbe
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To: weegee
Still, playing around with people can be dangerous. They might well end up finding where you live and sending in the goons.

No death threats need be sent to obtain satisfaction.

14 posted on 02/10/2008 7:55:48 PM PST by muawiyah
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To: aynrandfreak

>>What about the rules of slander? I thought you couldn’t accuse someone of committing a crime without evidence.<<

I think what they are saying is that the forum owner does not have to help you track down their members for libel (since its written, not spoken) case. You can still bring your case but in a civil case the forum owner does not break the anonymity of its members if they choose not to.

Now, somebody like me has posted enough personal info over the years that I could be identified by other means and this would not stop a libel case against me - its just means Jim would have a free choice whether to assist the case.

At least I think that is what it says.


15 posted on 02/10/2008 7:56:02 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: Lijahsbubbe

Gnomes catch moonbats when they can. They make good profit.


16 posted on 02/10/2008 7:56:56 PM PST by kinoxi
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To: Paleo Conservative
Lol.

I think, IBTC is more on target.

In Before The Chinese. I recall Yahoo and Google turning over IP Addresses. Pretty powerful stuff.

17 posted on 02/10/2008 7:57:20 PM PST by BGHater ("Ron Paul won every debate!" Rudy Giuliani)
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To: ConservativeMind

>>Crud, I looked up “queefs.”

Gads, I didn’t need to know that.<<

Sorry, I learned that from Southpark and should have warned ya’ll.


18 posted on 02/10/2008 7:59:54 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: gondramB

bump


19 posted on 02/10/2008 8:00:07 PM PST by metmom (Welfare was never meant to be a career choice.)
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To: ConservativeMind
Gads, I didn’t need to know that.

LOL!

20 posted on 02/10/2008 8:01:31 PM PST by SIDENET (Hubba Hubba...)
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