Law Student Web Forum: Free Speech Gone too Far?

The Xoxo Reader writes "Today's Washington Post carries a front-page article on the internet message board AutoAdmit (a.k.a. Xoxohth), which proclaims itself the "most prestigious law school discussion board in the world." The message board has recently come under fire for emphasizing a free speech policy that allows its users to discuss, criticize, and attack other law students and lawyers by name. Is this an example of free speech and anonymity gone too far, or is internet trolling just a necessary side effect of a policy that otherwise promotes insightful discussion of the legal community?"

Comments

Yeah

[polar red]

Sitting behind a computer, typing, you don't hold back as much as when you talk to a persons face ... (I've seen a study about that, but i can't find it anymore) so yes, we'll have to accept trolling, it's inevitable.

Re:Yeah

[polar red]

ah, i found something :
http://truecenterpoint.com/ce/essentials2.html

This isn't an issue of free speech...

[jdcool88]

While Internet forums do fall under the region of "free speech", some of the things mentioned in the article are definitely illegal activities.

In scores of messages, the users disparage individuals by name or other personally identifying information. Some of the messages included false claims about sexual activity and diseases.

The chats sometimes include photos taken from women's Facebook pages, and in the Yale student's case, one person threatened to sexually violate her. Another participant claimed to be the student, making it appear that she was taking part in the iscussion.

Let's see, defamation, sexual harassment, threats, identity theft - how much do you need? It's one thing to troll, but a completely different thing to personally attack someone.

Re:Good

[REBloomfield]

But that's not the issue here - there is nothing wrong with criticising others in public, but if you actually read the article (it's a lot to ask, i know), there's a lot more at stake than make factual claims about an individuals shortcomings.

Re:Good

[tomstdenis]

It's actually a bit more complex than that. See for example: http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga :l_VIII-gb:s_296//en#anchorbo-ga:l_VIII-gb:s_296"> these sections from the CCC.

Essentially, it's libel if you caused to be published something you don't reasonably know to be true ...

that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

So, yes, you can talk smack about people. It just has to be true and in the best interest of the audience. For example, if you commited a petty offence, say shop lifting, 10 years ago. And I go around your book signing tour [say you wrote a book on gardening or something] writing reviews that revealed this fact and caused you harm. That could be considered libelous, since while true, is not in the best interest of the public (e.g. who cares) and it causes you harm (section 298).

Tom

Re:When Free Speech goes to far

[baptiste]

It's not just libel and slander - it's stalking. These guys go after any woman asking that her picture be taken down from these contests like a pack of rabid dogs. They were following these girls into the gym and at class taking cellphone pictures of them, etc.

Check out http://www.feministe.us/blog/archives/2007/03/07/w apo-calls-out-law-school-pervs/

Problem is, guess how much traction any of these women would get going to the police trying to get them to go after these guys.

Re:Good

[Red Flayer]

For example, if you commited a petty offence, say shop lifting, 10 years ago. And I go around your book signing tour [say you wrote a book on gardening or something] writing reviews that revealed this fact and caused you harm. That could be considered libelous, since while true, is not in the best interest of the public (e.g. who cares) and it causes you harm (section 298).

Well, section 298 doesn't apply to this matter, since that's Canadian law, not US law. In the US, truth is an absolute defense against claims of libel. US libel laws are far more permissive than those of Commonwealth countries, and notably more permissive than those of the UK.