Online libel case stirs up free speech debate

16.10.2009

"Saying you're a lousy professor is one thing. But saying you molest 13-year olds is completely different," he said. Though one might use a pseudonym to conceal their true identity a court can force an ISP to unmask them in such cases, Volokh said.

Judges in other cases have shown a willingness to do just that if, in their opinion, the complaints had merit.

In a similar case earlier this year, a Texas circuit court judge ordered an online news aggregation site to about two individuals involved in a sexual assault case. The two individuals, who were acquitted of all charges, had claimed they had been subjected to intense and inarguably defamatory comments in the online forum.

William Pieratt Demond, a partner at Connor & Demond PLLC, a law firm in Austin that is representing the couple, today said that the online site has since turned over information that has so far led to three people being identified as tied to the comments. Libel lawsuits have been filed against all three, Demond told Computerworld today.

In the Stone case, it is hard to know how much merit her complaint has, Volokh said. Judges have to make the decision whether an online comment reflects just a personal opinion which is protected, or if it crosses the line and becomes defamatory.