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To: Jeffrey S. Mitchell who wrote (4845)6/30/2003 9:58:27 AM
From: dantecristo  Respond to of 12465
 
Jeff, I obviously agree with you. Hopefully, the issue of whether Internet defamation on message boards is slander will be addressed in our appellate decision this year. From our opening brief:
"“[T]he Internet – as ‘the most participatory form of mass speech yet developed,’ [citation] – is entitled to ‘the highest protection from governmental intrusion.” (Reno v. American Civil Liberties Union, supra, 521 U.S. at p. 863, quoting American Civil Liberties Union v. Reno, supra, 929 F.Supp. at p. 883.) In California, that protection already exists, by operation of the statutory classifications making defamation on the Internet slander rather than libel. Treating Internet defamation as slander strikes the right balance of competing interests, ensuring that people who suffer pecuniary loss from defamation have redress through the courts, while preventing powerful institutions from intimidating individuals into silence through the threat of libel litigation that is not justified by pecuniary loss."
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