From: Jim Choate <ravage@EINSTEIN.ssz.com>
Date: Sun, 26 Jan 1997 22:56:07 -0800 (PST)
To: cypherpunks@toad.com
Subject: Fantasy quotes & libel
Message-ID: <199701270656.WAA13546@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



Hi,

After review of the material I forwarded by request it is clear that
'fantasy' quotes are libel provided:


  * the person being quoted is not a public figure. On a 'private'
    mailing list like the cypherpunks this is a given unless similar
    statements can be found in the public records.

  * the section added to the original quote is not clearly seperated
    or otherwise dilineated such that a reader will be able to tell
    what the original quote was and the extrapolation by the 'editor'
    is.

  * there is clear intent to effect the perception of the original
    authors reputation in a negative or otherwise harmful manner.

  * the 'fantasy' quote is not clearly marked as the opinion of the
    editor.


While quoting persons with editing is allowed under the 1st Amendment as
understood by the courts the attributation of extrapolations by a third
party (meaning a party other than the original author and the reader) as
'true' quotes of the original author is not.

'Truth' is usually ascribed as protection against libel, however, opinions
are not 'true', they are opinions not facts as accepted by a court.

With the current 'editorial control' as provided by the cypherpunks mailing
list the mailing list operator/censor may also be held in some situations
accountable as well. This occurs because the relationship between list
operator and the quoter is similar to that of editor and reporter in a
newspaper. For the quoter to get his quote distributed the list operator
must ok it. The reasoning used is that the editor 'should have known' the
boundaries and applied them.

Not only is ignorance not an excuse but neither is negligence.


                                                 Jim Choate
                                                 CyberTects
                                                 ravage@ssz.com