From: Robert Hettinga <rah@shipwright.com>
Date: Mon, 7 Apr 1997 09:35:57 -0700 (PDT)
To: cypherpunks@toad.com
Subject: Bell case and the liability of information...
Message-ID: <v0302094caf6ed0a0cbdf@[139.167.130.246]>
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X-Sender: pswire@pop.service.ohio-state.edu
Mime-Version: 1.0
Date:         Mon, 7 Apr 1997 09:54:35 -0400
Reply-To:     Law & Policy of Computer Communications
              <CYBERIA-L@LISTSERV.AOL.COM>
Sender:       Law & Policy of Computer Communications
              <CYBERIA-L@LISTSERV.AOL.COM>
From:         Peter Swire <swire.1@OSU.EDU>
Subject:      Re: America Online and liability for dissemination of informatio
To:           CYBERIA-L@LISTSERV.AOL.COM

At 09:23 PM 4/6/97 -0700, Bob Stock wrote:

>Someone said:
>>>Look at it this way: what if this anonymous one had gone to his
>>>local library, went through the newspapers and collected
>>>classified ad forms.  Then sent them all in, publishing
>>>classifieds which said the same thing in 20 newspapers across the
>>>country.
>
>>the newspapers which published those ads would have
>>potential liability if they were negligent in their fact checking
>>before publishing them.
>
>Newspapers are legally required to check the facts of classified ads
>before publishing them in order to escape any potential libel
>liability?  You can't be serious.

        Sorry.  Check out the cases that Soldier of Fortune magazine lost
for failing to check its classified ads.  The cases involved "gun for hire"
classifieds, someone got shot, and the estate was permitted to sue the
magazine.

        The tort analysis used a Hand test, in which the cost of screening
the classified (on its face an invitation to commit a deadly crime) was
found to be less than the cost to society of allowing the magazine to run
such ads.

        The facts of SOF are very special, but they show at least one
scenario where courts have found liability for running a classified ad.

        Regards,

        Peter




Prof. Peter Swire
Ohio State University
College of Law
e-mail: swire.1@osu.edu
web: http://www.osu.edu/units/law/swire.htm (in early stages of construction)

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-----------------
Robert Hettinga (rah@shipwright.com), Philodox
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