Archive of UserLand's first discussion group, started October 5, 1998.

Re: Private Business Matters

Author:Jacob Levy
Posted:4/13/2000; 5:14:35 PM
Topic:First Amendment
Msg #:16236 (In response to 16235)
Prev/Next:16235 / 16239

I know you probably won't agree with me here, but it's worth a try:

Salerno wrote:

You stated that your next step would be to "run a PR-Newswire press release saying the [Conxion's] claims of uptime on your website are total bullshit." As mentioned above, you are referring to services which you do not pay for, have no contract for and for which you have no personal experience. We would view any statements by you such as these as untrue, injurious, and defamatory. Dave, such statements are NOT protected by the First Amendment, especially since you have now been informed of the facts. If you make these statements now, they are made with knowledge of their untruthfulness or with reckless disregard for the truth.

This is classic lawyer-ese and means that if you make libelious statements you are unprotected by the First Ammendment. While it's really twisted, it does have some force in a court of law, under libel and defamation rules.

Technically your statements would, in their view, be libelious and thus not protected under the First Ammendment because you have no experience with their FailSafe service. Ironically, I think they'd be unable to prosecute you if you had simply said "I THINK ... the [Conxion's] claims of uptime on your website are total bullshit". I.e. you can think whatever you like.. :)

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