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First Amendment Ruling Protects Internet Trolls

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moshquerade

moshquerade

No Lifer
Nov 1, 2001
61,504
12
56
February 8, 2008, 2:54 pm
Web Rage: Protected by the First Amendment

Posted by Ben Worthen

An appeals court ruled this week that people who post on the Internet have the right to stay anonymous no matter how nasty, demeaning, or just plain wrong the information they post about you or your business is.

One of the new challenges of the Internet age is that anyone can publish information about your business. They can do it in forums you have no control over and they can do it while remaining anonymous. Often, a business has no recourse. (To be clear: The ability for anyone to publish anything is also one of the best things about the Internet, but this is a post about the downside.) In the worst cases, these posts can cause irreparable damage to a brand, drive a stock price lower, or cause great embarrassment if it turns out the culprit is your CEO.

One company that was targeted by anonymous message-board meanies ? known as trolls in Internet lingo ? was SFBC International, a Florida-based drug company. Ten anonymous and vitriolic posters left inflammatory and highly personal messages on Yahoo?s message boards in 2005 about SFBC and its then COO, Lisa Krinsky, ARS Technica reports. Krinsky sued and won in a lower court, but an appeals court ruled that while the postings were demeaning and could have driven the company?s stock price down, it wasn?t enough to trump the anonymous posters? right to free speech.

On a personal note, this is a big blow to the Business Technology Blog. Anyone who wants can post anonymously on this blog ? we have no way of tracking you down ? and readers sometimes hide behind that veil to call us a moron or other bad names. (We wrote this post about Web rage after one prolonged bout of name calling.) Our plan had long been to subpoena these individuals? names from their Internet service provider, visit them one by one, and, well, use your imagination. All you haters out there owe a big thank you to California?s Sixth District Court of Appeal.
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http://blogs.wsj.com/biztech/2...nt/?mod=googlenews_wsj
 
amdhunter

amdhunter

Lifer
May 19, 2003
23,332
249
106
Originally posted by: moshquerade
February 8, 2008, 2:54 pm
Web Rage: Protected by the First Amendment

Posted by Ben Worthen

An appeals court ruled this week that people who post on the Internet have the right to stay anonymous no matter how nasty, demeaning, or just plain wrong the information they post about you or your business is.

One of the new challenges of the Internet age is that anyone can publish information about your business. They can do it in forums you have no control over and they can do it while remaining anonymous. Often, a business has no recourse. (To be clear: The ability for anyone to publish anything is also one of the best things about the Internet, but this is a post about the downside.) In the worst cases, these posts can cause irreparable damage to a brand, drive a stock price lower, or cause great embarrassment if it turns out the culprit is your CEO.

One company that was targeted by anonymous message-board meanies ? known as trolls in Internet lingo ? was SFBC International, a Florida-based drug company. Ten anonymous and vitriolic posters left inflammatory and highly personal messages on Yahoo?s message boards in 2005 about SFBC and its then COO, Lisa Krinsky, ARS Technica reports. Krinsky sued and won in a lower court, but an appeals court ruled that while the postings were demeaning and could have driven the company?s stock price down, it wasn?t enough to trump the anonymous posters? right to free speech.

On a personal note, this is a big blow to the Business Technology Blog. Anyone who wants can post anonymously on this blog ? we have no way of tracking you down ? and readers sometimes hide behind that veil to call us a moron or other bad names. (We wrote this post about Web rage after one prolonged bout of name calling.) Our plan had long been to subpoena these individuals? names from their Internet service provider, visit them one by one, and, well, use your imagination. All you haters out there owe a big thank you to California?s Sixth District Court of Appeal.
Click to expand...
http://blogs.wsj.com/biztech/2...nt/?mod=googlenews_wsj
Click to expand...

Awesome. So who wants to hear about the night Mosh and I spent last night? I am willing to post all of the juicy details. She can't do squat. :evil:

No, but we can- AnandTech Undercover Moderator
 
GagHalfrunt

GagHalfrunt

Lifer
Apr 19, 2001
25,284
1,998
126
Originally posted by: Cheesetogo
Umm..doesn't the first amendment specifically state that it does not cover slander?
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1) In this case it would be libel, not slander.

2) No, the 1st amendment makes so such provision

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.
 
B

BigJ

Lifer
Nov 18, 2001
21,330
1
81
So as long as it's on the internet (and I'm in California), I can make up the nastiest shit imaginable and be completely protected?
 
Mo0o

Mo0o

Lifer
Jul 31, 2001
24,227
3
76
Seems dubious that as long as you're voicing your opinion through the internet you're protected from libel
 
T

Turin39789

Lifer
Nov 21, 2000
12,218
8
81
Originally posted by: BigJ
So as long as it's on the internet (and I'm in California), I can make up the nastiest shit imaginable and be completely protected?
Click to expand...

You can do the same thing in the real world. You can write mean and nasty things on pieces of paper and drop them on sidewalks or tape them to poles
 
M

mcmilljb

Platinum Member
May 17, 2005
2,144
2
81
I think you need to have an intent to hurt a business/person. Just because I say Ford sucks doesn't mean I will hurt their business. People have a right to inform people why companies suck otherwise some people might not find out until it's too late. Quit making shitty products or have good customer service, and you will not have that many problems. (That is in general not towards Ford.)

Also don't let people post anonymously! It's not that hard. Aslo you can't believe everything you see/hear on the interwebs. Seriously, it's just a bunch of tubes. :confused:
 
M

mcmilljb

Platinum Member
May 17, 2005
2,144
2
81
Originally posted by: Turin39789
Originally posted by: BigJ
So as long as it's on the internet (and I'm in California), I can make up the nastiest shit imaginable and be completely protected?
Click to expand...

You can do the same thing in the real world. You can write mean and nasty things on pieces of paper and drop them on sidewalks or tape them to poles
Click to expand...

Exactly! Unless you cross the line, which could cause some harm. Like posting a bomb threat or something similar. That's when free speech stops becoming protected because you don't have the right to scare people. Too bad the courts won't stop Bush and homeland security from their fear tactics.
 
B

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: Turin39789
Originally posted by: BigJ
So as long as it's on the internet (and I'm in California), I can make up the nastiest shit imaginable and be completely protected?
Click to expand...

You can do the same thing in the real world. You can write mean and nasty things on pieces of paper and drop them on sidewalks or tape them to poles
Click to expand...

Except what piece of information is there, that is connected with you, and can be used to trace your identity when posting online.

Sure, I think it's fine that you can say so and so sucks, or typical trolling. But knowingly posting false and damaging information should not be protected IMHO.
 
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