Posted by Lou Pilder on December 7, 2004, at 10:26:16
In reply to Re: Lou's reply to gardengirl- » Lou Pilder, posted by Atticus on December 6, 2004, at 23:37:55
Atticus,
You cited {Falwell v. Hustler}. In that case, there was the additional aspect of the {public figure} of libel. I do not think that that could apply to an internet forum, for the members are not public figures , except perhaps the moderator.
In the Falwell v Hustler case, the U. S. Supreme court decision may be of interest for those here to examine in relation to what some of the justices wrote about the aspect of {intentional infliction of emotional distress}in reagrds to the claimed libel and also what the appellate court wrote in respect to that.
Mr. Flynt and his brother have been tried here in Cincinnati mamy times and the 6th circiut of appeals is here in Cincinnati and Mr. Flynt has stores near here in Monroe, Ohio, ouside the Cincinnati city limits to sell his publications. This brings up the concept of { community standards} and could have a bearing in some respects to internet forums in different jurisdictions.
Lou
poster:Lou Pilder
thread:423270
URL: http://www.dr-bob.org/babble/admin/20041109/msgs/425691.html