Forum Libel?

[Porsche928dt]

What is the name of your state? Florida

Hello I have an issue where I am the administrator of a forum in which an arguement unfolding. One of the members of the forum has emailed me threatening to sue for Libel because of other members posting that she is having an affair. I believe the accusations are not true but I believe in peoples freedom of speech so I have not deleted or edited the posts in question. Being the admin of the forum and having the power to delete/edit posts could I be held liable for Libel or anything illegal for not editing the posts in question.

Also, there is one quote in which one person says "Then again if I was *NAME* I'd have kicked your butt by now, probably more then once. So thats all I have to say about that. Start running forest and be sure to wear one of those helmets with a rearview mirror so you can always see over your shoulder." which she said she consideres a threat and said that it should be removed. That quote is reffering to the person he believes she is cheating with. I dont really see it as a direct threat but I'm no lawyer.

I really dont feel these posts should be deleted but I also dont want to be held accountable for anything.

 

[BelizeBreeze]

Tell this women she is free to file any kind of charges against the poster of the information she wishes however, before she wastes money on hiring an attorney and filing against you, to read Blumenthal v. Drudge among others.

You, as the distributor of the information, have no legal liability.

Further, what are her damages? How has she been slandered? Simply stating that someone is having an affair is not grounds for libel.

As to your second part, she may consider such a statement a threat, but that's not your concern. If she feels it was made as a threat she is perfectly free to call the police and report it and you are perfectly free to cooperate or not with any investigation.

 

[I AM ALWAYS LIABLE]

My response:

There is nothing in the Constitution that says anyone has a "right" to their Freedom of Speech on YOUR forum. There are plenty of other avenues for them to exercise their "rights". They can even write letters to each other, and put a stamp on the envelope.

You also have the right to delete their memberships to your forums.

IAAL

 

[rmet4nzkx]

OP didn't state if there "terms of service" as typical on most forums which might lead the complaining party to believe that the forum admin would delete such posts. Since OP believes the accusations to be false and a name is being used and or the person could be identified, then there might be some implied reaponsibility, then it is not opinion protected under the 1st amendment.

 

[BelizeBreeze]

OP didn't state if there "terms of service" as typical on most forums which might lead the complaining party to believe that the forum admin would delete such posts. Since OP believes the accusations to be false and a name is being used and or the person could be identified, then there might be some implied reaponsibility, then it is not opinion protected under the 1st amendment.

Even if the comments could be construed as libelous, there is no legal liability for the forum owner unless they were involved in the actual statements.

Read the AOL decisions.

As for IAAL's comments, probably the best solution. Kick both off and be done with it.

 

[Porsche928dt]

I would like to thank you all for your help. I have taken the course of requesting that people edit there post as a friend and most have. Most of these people are my friends but you all know how a divorce amongst friends can change things. I was really disgusted by the person trying to boss me and threatening to sue me rather than asking me nicely as a friend to change the posts. I dont like being threatened and will not take it. I will probably ban her soon and tell her to never email me again unless its to apologize. Is there any way to contribute to this forum since I dont have any legal knowledge and cant help in that sense.

 

[You Are Guilty]

Is there any way to contribute to this forum since I dont have any legal knowledge and cant help in that sense.

That doesn't seem to stop some of the people who do post here Stick around, maybe someone in the future will have a question about dealing with a crappy Porsche dealer.

 

[I AM ALWAYS LIABLE]

Is there any way to contribute to this forum since I dont have any legal knowledge and cant help in that sense.

My response:

Yes, of course there is!

You can send your minimum $10,000.00 tax deductible donation to "Our Lady of Unpaved Roads and Church of IAAL", c/o FreeAdvice.Com, AdviceCo Avenue, Santa Clara, California 90023.

IAAL

 

[Porsche928dt]

You guys/gals are awesome. Crappy Porsche dealer? There is no crappy Porsche. I guess for now I can do some clicking on the ads at least. lol

 

[HomeGuru]

My response:

Yes, of course there is!

You can send your minimum $10,000.00 tax deductible donation to "Our Lady of Unpaved Roads and Church of IAAL", c/o FreeAdvice.Com, AdviceCo Avenue, Santa Clara, California 90023.

IAAL

**A: what a riot IAAL. Thanks.........

 

[I AM ALWAYS LIABLE]

There is no crappy Porsche.

My response:

What would you call the 924 and the 928? One was a Volkswagen in disguise, and the other looks like a used bar of soap. Let's just say that those two weren't Stuttgart's finest.

Also, the 928 was Porsche's version of the AMC "Pacer".

IAAL

 

[Porsche928dt]

My response:

What would you call the 924 and the 928? One was a Volkswagen in disguise, and the other looks like a used bar of soap. Let's just say that those two weren't Stuttgart's finest.

Also, the 928 was Porsche's version of the AMC "Pacer".

IAAL

So is the above grounds for a Libel suit? Lets not change the course of this thread and I'll let you have the last words on that topic. Oh dear it is so tempting......

I got one for you IAAL http://pacer.members.easyspace.com/pcto928.GIF
Enjoy

 

[BelizeBreeze]

Porsche 928 a Pacer in disguise?

Hell, If I owned a Pacer I'd sue for defamation. If you're going to drive a piece of crap, at least lie and say it's a 944 Turbo ...not much of an improvement but it won't get people pointing and laughing.