This is where courts get into deep water and cannot show a clear path to shore.
I can see (everyday) that people forward me links that in my view only an idiot could believe. But I know the person sending me the link really believes what they sent. For example, my brother may truly believe that Obama kills babies with his bare hands every morning before breakfast (he truly does), and I see his e-mails to me as intentionally perpetuating a falsehood that is at best slanderous. Yet he truly believes it, so as misinformed as someone may be, their efforts to "spread the truth" results in the magnification of a clear lie. So, are we going to now ploice stupidity to find its true intent (stupid or malicious?).
Yet there are many e-mails I get that are generated by people who do a fantastic job of perpetrating lies wrapped in known facts by taking them out of context or manipulating their meaning, or leaving out other very important facts (like Glenn Beck). He may claim he is expressing opinion while also claiming that he is giving facts and news you cannot get elsewhere. Is the government now going to sift through manipulations to determine if they are of the intent to perpetuate falsehoods or if the whako speaking actually believes he has presented enough facts (even though they are selective) to claim they are true?
I believe that yes, posts on the Internet are subject to the same laws as all other slander. And yes if knowing you are perpetuating a lie with the intent to spread it, you are opening yourself to the inspection of the law. BUT, are there really clear and distinguishable laws, criteria, and determinations of intent that could be applied to such a policing process? No. And it is really scary to think that some judge, or prosecuting attourney or Bueauracrat is going to define what is the fine line between stupidity and malice.
This ruling is clear as mud and has gone to deeper water then the judge is capable of swimming.
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Deep Water
This is where courts get into deep water and cannot show a clear path to shore.
I can see (everyday) that people forward me links that in my view only an idiot could believe. But I know the person sending me the link really believes what they sent. For example, my brother may truly believe that Obama kills babies with his bare hands every morning before breakfast (he truly does), and I see his e-mails to me as intentionally perpetuating a falsehood that is at best slanderous. Yet he truly believes it, so as misinformed as someone may be, their efforts to "spread the truth" results in the magnification of a clear lie. So, are we going to now ploice stupidity to find its true intent (stupid or malicious?).
Yet there are many e-mails I get that are generated by people who do a fantastic job of perpetrating lies wrapped in known facts by taking them out of context or manipulating their meaning, or leaving out other very important facts (like Glenn Beck). He may claim he is expressing opinion while also claiming that he is giving facts and news you cannot get elsewhere. Is the government now going to sift through manipulations to determine if they are of the intent to perpetuate falsehoods or if the whako speaking actually believes he has presented enough facts (even though they are selective) to claim they are true?
I believe that yes, posts on the Internet are subject to the same laws as all other slander. And yes if knowing you are perpetuating a lie with the intent to spread it, you are opening yourself to the inspection of the law. BUT, are there really clear and distinguishable laws, criteria, and determinations of intent that could be applied to such a policing process? No. And it is really scary to think that some judge, or prosecuting attourney or Bueauracrat is going to define what is the fine line between stupidity and malice.
This ruling is clear as mud and has gone to deeper water then the judge is capable of swimming.