Legal Question in Technology Law in New Jersey

Written content in a newsgroup & 1st Ammendment

Good Day:

What categories might I search, and where might I search for, to get reference material and or case law on libelous chat-room content vs. 1st Ammendment Rights ??


Asked on 1/17/06, 2:59 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Written content in a newsgroup & 1st Ammendment

Libel is not protected by the First Amendment. If it is the truth, then a libel action won't stand up; if it is not, then it may well if it doesn't involve a public figure. Bottom line, research under the libel topic on Findlaw or similar.

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Answered on 1/17/06, 6:05 pm
John Corbett Corbett Law Firm LLC

Re: Written content in a newsgroup & 1st Ammendment

Your best bet is a good law library. All of the NJ law schools have good libraries and are federal depositories (which means that they permit public access).

There are good online sites, but the most useful of them are paid sites. Lexis and Westlaw are the benchmarks. Most lawyers have access to one or both, but they are expensive for casual use. If you have a very well-directed search argument, Lexis offers a pay-per-search option.

As to your search, I would begin with "defamation and Internet". In Lexis, narrow the second search with "and Internet w/4 chat*". There is no guarantee that this will find any case law, but it is a start.

You may find it more efficient to consult with your lawyer. He or she may have a subscription to an online service and may be able to answer your question quicker than you can. Feel free to contact me if I can help.

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Answered on 1/17/06, 6:10 pm


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