Charter School Firm Attacks Online Criticism
Lane writes "News-Press.com reports that 'Charter Schools USA
is
threatening legal action against parents who use an Internet discussion
board to air grievances about Gateway Charter.'" This despite comments which the parents say are based on the public record, and posted anonymously.
With some causes of action, if a potential plaintiff continues the conduct after having been explicitly notified, and if that action is deemed illegal, the defendant can be held to have acted willfully. In most cases, willful conduct results in greatly increased damages. In just about all cases, willful conduct looks very bad to a jury.
Laws affecting technology will always be bad until enough techies become lawyers.
I have no idea of how good they are as schools, do they have a political leaning, or anything like that. If I was a parent, I'd probably ask some questions too. Definitely an Edu-Corp.
One line blog. I hear that they're called Twitters now.
Where does due process come into the picture? (Answer: it doesn't, since due process is about a person being able to protect himself against one-sided legal action.) The Constitution provides no penalties for libel, and corporations generally have as little ground as public figures do when it comes to making defamation claims. The joke has a nugget of truth in that in America, everything that is not prohibited is permitted.
You also confuse the company's claim that the posts are defamatory with that actually being the case. Since the company refused to identify -- even as an example -- any post on the site that was defamatory, I doubt even they believe they have a case that would stand up in court. They just want to scare people into compliance.