Thursday, June 19, 2008
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.