RE: Techie's List

Subject: RE: Techie's List
From: "Lauren" <lt34 -at- csus -dot- edu>
To: "'Eason, David'" <David -dot- Eason -at- lsi -dot- com>, <vrfour -at- verizon -dot- net>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Fri, 2 Feb 2007 10:47:44 -0800

It's still a felony. Felonies are bad. That's not an infraction that you
can write-off, or a misdemeanor that you can explain away, it's a felony.
It affects many legal issues in a person's life while it remains on the
record. Some jobs are not available to people with felonies, like law and
law enforcement. School loans are also restricted and people with felonies
need to jump through hoops to recover from this if hoop jumping is even
available.

Lauren

-----Original Message-----
From: Eason, David [mailto:David -dot- Eason -at- lsi -dot- com]
Sent: Friday, February 02, 2007 10:26 AM
To: Lauren; vrfour -at- verizon -dot- net; techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List

Actually, a class 6 felony is the lowest grade. Premeditated murder is a
class 1 felony.

David Eason

-----Original Message-----
From: techwr-l-bounces+david -dot- eason=lsi -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+david -dot- eason=lsi -dot- com -at- lists -dot- techwr-l -dot- com] On Behalf
Of Lauren
Sent: Thursday, February 01, 2007 7:38 PM
To: vrfour -at- verizon -dot- net; techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List

"Criminal Libel ... is a Class 6 Felony"?

Wow. That one can get a person's attention.

Lauren

-----Original Message-----
From: techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com] On Behalf Of
James Barrow
Sent: Wednesday, January 31, 2007 10:20 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: Techie's List

>Fred Ridder said:
>
>So Jim, are you saying that you were not the person who said "They
>would have to prove a) a post to this website was actually a crime"?

I did indeed post that.

>And for the record, the one and only place in the thread where the
>words "crime" or "criminal" were used in any posting to the list was in

>a message from Janice Gelb where she was directly quoting from an item
>on a case law website. The word "criminal" did appear in the quotation,

>but the whole point of the quotation was that a specific statute in
>Illinois had been interpreted by the state's supreme court as part of
>criminal libel law [rather than civil libel law] and therefore subject
>to issues of intent and purpose rather than simply the truth or
falseness
of the statement.

The link that Janice posted talked about a defense to a charge of criminal
libel. Going on that, I looked up Criminal Libel which, in some states, is
a Class 6 Felony:

http://www.firstamendmentcenter.org/analysis.aspx?id=17263

Then I found a link where this archaic law was recently enforced:

http://www.firstamendmentcenter.org/commentary.aspx?id=12468

"All that changed in 1964, when the U.S. Supreme Court concluded that public
officials (later broadened to include public figures) could not win a libel
verdict or secure a criminal-libel conviction without proving that the
report was made with "actual malice," and either published with the
knowledge that it was untrue or done with a reckless disregard for the
truth."

In reference to the Techie List, the subject of a poor rating would have to
prove actual malice to support a charge of criminal libel. But, in my haste
to get to my lunch, I didn't map out the happy path from Janice's link to my
comment. I apologize.

>So as far as the thread itself goes, you *were* the first (and only)
>person to state or imply that libel was a crime. Check the list archive

>if you think I'm wrong.

Nope, I believe you.

- Jim


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