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[ga] OT: First Amendment Ruling Protects Internet Trolls

  • To: Ga <ga@xxxxxxxxxxxxxx>
  • Subject: [ga] OT: First Amendment Ruling Protects Internet Trolls
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Fri, 08 Feb 2008 10:58:56 -0800

All,

  It appears that some of the comments and assertions Mr. Dierker
had made in the not too distant past have been nullified...

  For those interested see:

 http://www.courtinfo.ca.gov/opinions/documents/H030767.PDF
 
http://arstechnica.com/news.ars/post/20080207-appeals-court-first-amendment-protects-forum-trolls-too.html

A recent ruling by the Court of Appeal of the State of California (PDF)
in Krinsky v. Doe H030767 overturned a lower court ruling and decided
that the First Amendment right to anonymous speech protects internet
trolls, too.  Specifically, the ruling said that 'this juvenile
name-calling cannot
reasonably be read as stating actual facts.' And, even though some of
the
statements were crudely sexual and accused Ms. Krinsky of being among
'boobs, liars and crooks,' the statements were held to 'fall into the
category of crude, satirical hyperbole which, while reflecting the
immaturity of the speaker, constitute protected opinion under the First
Amendment.'

Regards,

Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
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