Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

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Thursday, June 19, 2008

Sunstein v. Volokh on Liability of Bloggers for Comments that Defame and/or Invade Privacy

Here.  Professor Sunstein points out that real people are harmed by lies and invasions of privacy on blogs, and Professor Volokh points out that if he had to be responsible for the comments on his blog, he would have to shut down the comments function.  Professor Sunstein is too kind to point out that this means making bloggers liable would have a double benefit!  But, seriously, this section of the debate is really very revealing, especially given Professor Volokh's special history on these matters.   A simple solution, of course, would be to do what I and some others do, namely, open comments selectively, discourage anonymity, and hold comments for moderation. 

http://leiterlawschool.typepad.com/leiter/2008/06/sunstein-v-volo.html

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» Who Is Responsible For Blogging Comments?? from Adjunct Law Prof Blog
Professors Sunstein and Volokh had an interesting video debate about who owns comments posted on blogs. That is an important issue and is likely to become more important as the use of blogs continues to increase. There debate can be [Read More]

Tracked on Jun 26, 2008 10:21:51 PM