Free Speech Doesn't Grant You the Right to be a Prick

  • joebert
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Post 3+ Months Ago

I'm sure a few of you know my stance on Free Speech after the woman sued for $50K over tweet thread. This time we have a Vogue cover girl demanding a bloggers identity so she can file a defamation suit, and getting it. A Manhattan Supreme Court judge ordered Google to turn over the bloggers identity.

I applaud the judge. It's nice to know someone in charge understands free speech isn't designed to be a wall shielding people from even civil consequence for their actions, essentially giving everyone a license to be an prick. Can you imagine what it would be like if everyone were shielded from civil lawsuits and allowed to say anything they want about anyone they want? It would be insane. Shady business people would be free to start anonymous viral negative PR campaigns, be the information true or not, to destroy competition and the competition would have no legal recourse.

This is not to say that just because you can be sued means you are automatically guilty, that would be just as ludicrous as shielding everyone from civil lawsuits. It means that if you want to talk smack, you better be able to back it up. :D
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Post 3+ Months Ago

  • digitalMedia
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This is very interesting and probably a prelude for larger debates to come. I'm interested to see if they treat the blogger as merely a private citizen engaging in free speech, or as a journalist engaging in a press/publishing like activity.

Considering some of the bizarre blogs I've read, I believe publishing your own words on the internet is akin to publishing them in the Washington Post, and should therefore be held to the same or similar standards in regard to slander, lies and general maliciousness.

People should be able to address grievances against bloggers the same way they would The National Enquirer or The New York Times, IMO.
  • Jenie0109
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Post 3+ Months Ago

Free speech always comes with responsibility.
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Post 3+ Months Ago

The best thing about free speech is that it helps you figure out who are idiots and who is credible.
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Post 3+ Months Ago

Well this is certainly an interesting turn of events,
http://www.nydailynews.com/gossip/2009/ ... tml?page=0

Side note -- I couldn't tell which one was which in the photos until I read the captions.
  • spork
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Post 3+ Months Ago

So let me get this straight -- these two models are pissed at each other and the matter hasn't already been solved with a good old-fashioned mud wrestling match?

*sigh*

What is this world coming to?
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Post 3+ Months Ago

joebert wrote:
Shady business people would be free to start anonymous viral negative PR campaigns, be the information true or not, to destroy competition and the competition would have no legal recourse.


Pardon my sarcasm, but that part almost sounds like a US election to me.
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Post 3+ Months Ago

joebert wrote:
I'm sure a few of you know my stance on Free Speech after the woman sued for $50K over tweet thread. This time we have a Vogue cover girl demanding a bloggers identity so she can file a defamation suit, and getting it. A Manhattan Supreme Court judge ordered Google to turn over the bloggers identity.

I applaud the judge. It's nice to know someone in charge understands free speech isn't designed to be a wall shielding people from even civil consequence for their actions, essentially giving everyone a license to be an prick. Can you imagine what it would be like if everyone were shielded from civil lawsuits and allowed to say anything they want about anyone they want? It would be insane. Shady business people would be free to start anonymous viral negative PR campaigns, be the information true or not, to destroy competition and the competition would have no legal recourse.

This is not to say that just because you can be sued means you are automatically guilty, that would be just as ludicrous as shielding everyone from civil lawsuits. It means that if you want to talk smack, you better be able to back it up. :D

Thanks for post. It’s really imformative stuff.
I really like to read.Hope to learn a lot and have a nice experience here! my best regards guys!
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Post 3+ Months Ago

joebert wrote:
Well this is certainly an interesting turn of events,
http://www.nydailynews.com/gossip/2009/ ... tml?page=0

Side note -- I couldn't tell which one was which in the photos until I read the captions.


Oh well. So much for a meaningful legal precedence.

Salvatore Strazzullo wrote:
Inherent in the First Amendment is the right to speak anonymously.


Quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


I guess the attorney is referring to a different first amendment. :scratchhead:

In my opinion, freedom of speech does NOT imply anonymous speech. Quite the contrary, in fact. I can't believe the attorney compared his/her client to the authors of The Federalist Papers. I can't remember the words "skank" or "ho" in those documents.

Further, in my opinion, people who wish to maintain anonymity for the purpose of making derogatory claims are merely cowards.
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Post 3+ Months Ago

joebert wrote:
Well this is certainly an interesting turn of events,
http://www.nydailynews.com/gossip/2009/ ... tml?page=0

Side note -- I couldn't tell which one was which in the photos until I read the captions.


Fav line from defendant: "That was before it became a spectacle. I feel my right to privacy has been violated." LOL! LOL!
  • joebert
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Post 3+ Months Ago

She definitely shouldn't have made the "right to privacy" comment.

I think she's flustered about the whole event and has started to "grab at words". I don't think she was advised by her lawyer that court filings are public record.
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Post 3+ Months Ago

Free speech is circumstantial. For instance, you can't yell, 'FIRE' when there's not one. If someone were to get hurt then you are liable.

The model should only have a case if the defamation led to loss of work. Money changes everything. Of course, businesses have these cases all the time cause moneys involved.

The model's case sounds like two club sluts calling each other names. The plantiff could have initiated it and so the other girl (i assume the unknown is a female) decided she'd post on a blog. And it's not that I have anything against club sluts. I love club sluts, but they do exist. I didn't invent them. I just call it like I see it. And if that's who someone is then they should be the best club slut possible and not worry about what people say.
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Post 3+ Months Ago

Love the title...Lol

Free speech can get you in to trouble. I honestly think that there are limits to free speech. So maybe free speech isn't as free as they say it is...

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