Comments on: Blogging in Danger? http://patterico.com/2005/01/27/blogging-in-danger/ Harangues that just make sense Sat, 05 Jul 2008 02:00:52 +0000 http://wordpress.org/?v=2.3.3 By: Jay Rosen http://patterico.com/2005/01/27/blogging-in-danger/#comment-8211 Jay Rosen Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8211 Actually, that wasn't me. It was Brooks Jackson (Director, factcheck.org; former investigative reporter for the Associated Press, Wall Street Journal and CNN.) Actually, that wasn’t me. It was Brooks Jackson (Director, factcheck.org; former investigative reporter for the Associated Press, Wall Street Journal and CNN.)

]]> By: Mike http://patterico.com/2005/01/27/blogging-in-danger/#comment-8212 Mike Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8212 Napster was new technology to do something that was illegal all along. While there may be lawsuits coming to the blogoshere, there effect will probably be to just set boundaries. There is nothing inherently illegal about expressing your opinions. Lawsuits may also keep deep-pockets individuals on the sidelines. Napster was new technology to do something that was illegal all along. While there may be lawsuits coming to the blogoshere, there effect will probably be to just set boundaries. There is nothing inherently illegal about expressing your opinions. Lawsuits may also keep deep-pockets individuals on the sidelines.

]]> By: Mark Gisleson http://patterico.com/2005/01/27/blogging-in-danger/#comment-8213 Mark Gisleson Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8213 There's a flip side to that equation. Bloggers who don't have any assets are no more vulnerable than .mp3 bloggers who post music on off-campus ISPs. Civil suits are poor weapons against people who have no money. So while the poor are no longer free to sleep under bridges, they can still express themselves with impunity. (Now their ISP, on the other hand...) There’s a flip side to that equation. Bloggers who don’t have any assets are no more vulnerable than .mp3 bloggers who post music on off-campus ISPs. Civil suits are poor weapons against people who have no money.

So while the poor are no longer free to sleep under bridges, they can still express themselves with impunity. (Now their ISP, on the other hand…)

]]> By: raphil http://patterico.com/2005/01/27/blogging-in-danger/#comment-8214 raphil Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8214 California bloggers like you, Patterico, are not entirely defenseless. There is a motion to strike causes of action having a chilling effect on public discussion of public issues. CCP 425.16 and 425.17. There is also a cause of action for interference with the exercise of civil rights, under Civil Code 52.1(b). I think New York Times v. Sullivan applies to everybody. In other words, unless they have a good case, a determined corporate opponent, or an aggressive prosecutor, faces a substantial downside and, as your other commenters point out, the potential upside may not be all that inviting, even if the case is good. California bloggers like you, Patterico, are not entirely defenseless. There is a motion to strike causes of action having a chilling effect on public discussion of public issues. CCP 425.16 and 425.17. There is also a cause of action for interference with the exercise of civil rights, under Civil Code 52.1(b). I think New York Times v. Sullivan applies to everybody. In other words, unless they have a good case, a determined corporate opponent, or an aggressive prosecutor, faces a substantial downside and, as your other commenters point out, the potential upside may not be all that inviting, even if the case is good.

]]> By: Rod Stanton http://patterico.com/2005/01/27/blogging-in-danger/#comment-8215 Rod Stanton Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8215 John Edwards may be looking for work. John Edwards may be looking for work.

]]> By: Orac http://patterico.com/2005/01/27/blogging-in-danger/#comment-8216 Orac Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8216 I'm afraid he's probably right about this. That is why I am very careful on my blog about posting only things I can back up and only rarely criticize individuals. I’m afraid he’s probably right about this. That is why I am very careful on my blog about posting only things I can back up and only rarely criticize individuals.

]]> By: Justin Levine http://patterico.com/2005/01/27/blogging-in-danger/#comment-8217 Justin Levine Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8217 My response here: http://www.calblog.com/archives/004199.html My response here: http://www.calblog.com/archives/004199.html

]]> By: actus http://patterico.com/2005/01/27/blogging-in-danger/#comment-8218 actus Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8218 "There's a flip side to that equation. Bloggers who don't have any assets are no more vulnerable than .mp3 bloggers who post music on off-campus ISPs. Civil suits are poor weapons against people who have no money." But if you fail to live up to an injunction -- retraction, apology, etc.. -- you go to jail. “There’s a flip side to that equation. Bloggers who don’t have any assets are no more vulnerable than .mp3 bloggers who post music on off-campus ISPs. Civil suits are poor weapons against people who have no money.”

But if you fail to live up to an injunction — retraction, apology, etc.. — you go to jail.

]]> By: Calblog http://patterico.com/2005/01/27/blogging-in-danger/#comment-8219 Calblog Tue, 30 Nov 1999 00:00:00 +0000 http://patterico.com/2005/01/27/blogging-in-danger/#comment-8219 <strong>The coming legal superstorm against bloggers</strong> Patterico can hope all he wants, but the sobering words he quotes will likely be proven correct in the coming years as blogging influence grows. The amount of litigation aimed at blogging will be in direct proportion to its overall... The coming legal superstorm against bloggers
Patterico can hope all he wants, but the sobering words he quotes will likely be proven correct in the coming years as blogging influence grows. The amount of litigation aimed at blogging will be in direct proportion to its overall…

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