The Colorado law has been significantly weakened in the past year. See Mink v. Knox, No. 08-1250 (10th Cir. July 19, 2010), slip. op. at 26.
-Dan On Dec 22, 2010, at 5:51 AM, Fred Bauder wrote: > An example of an actual prosecution: > > http://www.firstamendmentcenter.org/news.aspx?id=20937 > > Fred > >> This seems to be an example of the trouble that the Wikipedia:Biographies >> of living persons policy on the English Wikipedia is crafted to avoid, >> unsourced or poorly sourced negative information about a living person >> can be removed immediately by any editor. Here, if I'm reading right, it >> was put back up again despite being repeatedly removed. >> >> Another aspect of this is that if there is a law around, even a disused, >> rarely enforced law, the possibility exists that someone will evoke it >> and put you into court with baleful consequences, even if you "win" in >> the end. For example in Colorado there is a criminal libel law that >> covers the dead, see >> https://secure.wikimedia.org/wikipedia/en/wiki/Defamation#Criminal_defamation >> How one could fully comply with such a monstrosity as that is beyond me. >> >> Fred >> >> User:Fred Bauder >> >> >>> At most four Korean Wikipedians are charged with defamation of Song >>> Young-gil, the Mayor of Incheon Metropolitan City. >>> >>> According to the contributors, the prosecution is upon the Song's own >>> request, and is going to be over publicizing a fabricated sex scandal >>> in the article about him and (semi-)protecting it. The text in >>> question is merely a sum-up of various reports about the speculations >>> eventually found to be a hoax. Non-logged-in user(s) from various IP >>> addresses have tried to remove the whole controversy section, >>> including not only the scandal but other arguments about him, >>> replacing it with personal contrary comments and legal threats. The >>> edits are consequently reverted by some users and rollbacked by one >>> administrator. The admin, [[ko:User:Kys951]], is also accused of >>> being an abettor just because he is an admin. >>> >>> In the South Korean legal system, criminal defamation is partially a >>> "crime upon complaint," (ì¹œê³ ì£„/親告罪) which becomes irrelevant >>> to >>> be a >>> crime when the complainant chose to withdraw the case. (Note that I'm >>> not a specialist of law, especially in English terminology.) The >>> police of Southeastern Incheon thought the case itself is too >>> insignificant to be a criminal case and tried to persuade him to >>> withdraw it, only to be declined. >>> >>> Song has reportedly demanded the admin to remove the paragraph in >>> exchange for fixing the charge, which is definitely not the way how >>> Wikipedia works. >>> >>> Another concern about this incident is that this could happen to every >>> bit of contribution to the project. South Korean government had been >>> censoring any scribble on the web they think beneficial to North >>> Korea,[2] and for later on, anything they think "fraudulent" whenever >>> the state is in "threat," according to an exclusive report.[3] >>> >>> [1] >>> https://secure.wikimedia.org/wikipedia/ko/w/index.php?title=%EC%86%A1%EC%98%81%EA%B8%B8&diff=5832689 >>> [2] >>> http://www.readwriteweb.com/archives/shame_on_democratic_south_korea_for_censoring_face.php >>> [3] http://www.hani.co.kr/arti/economy/it/455022.html >>> >>> _______________________________________________ >>> foundation-l mailing list >>> foundation-l@lists.wikimedia.org >>> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l >>> >> >> >> >> _______________________________________________ >> foundation-l mailing list >> foundation-l@lists.wikimedia.org >> Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l >> > > > > _______________________________________________ > foundation-l mailing list > foundation-l@lists.wikimedia.org > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
