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Re: [atlarge-discuss] list confrontation(s)



At 10:50 AM 6/9/2003 +1200, Joop Teernstra wrote:

Thank you, Joop.

A limited number of admittedly nit-picky comments, some of which I might not bother to make if this wasn't a first draft.

Absent is an absolute limit on the number of posts one can make in a given time period, only a portion of the question is addressed in your 6. Though I am very sympathetic to Bruce's situation, I think we need an absolute limit, on account of others. (And to one of those others, it's easy enough to verify that I have spent much of my professional life fighting censorship, but a posting limit is not censorship.) I have not thought through either what the limit should be or whether panelists should have a higher limit (or no limit), assuming the software has that flexibility.

In the second part of your 3, please swap out "slanderous" for "libelous." Slander is oral defamation, libel is written defamation. At least in the U.S. the law is clear that things written on the Net (as opposed, to, for example, a streamed audio) are governed by the rules for libel, which are slightly different than those for slander.

In your 4a, I disagree with the notion that someone need only say "false" or "please retract" to put the burden on the original poster, who would face possible consequences if the actions you describe are not taken. As the one saying "false" or "please retract" presumably knows why the original post is false or should be retracted, that person should be required to make an initial showing, not just a bare statement, before the initial poster should be required to do anything.



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Many of the people that will congregate here initially have interacted with each other before. Some may want to repeat the pattern of character assassination that has prevailed on other mailing lists.


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False statements can be made innocently as a result of an honest mistake in recollection.
However, they can also serve as provocations that skirt the civility rule.

a. When a false statement is made, each member who knows otherwise has the right to challenge the statement with the comment FALSE or PLEASE RETRACT.
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-joop-


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James S. Tyre                               mailto:jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net


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