Ocasio_Assignment #6
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Feb 20, 2024
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Miguel Ocasio Assignment 6
American Military University
Chapter 10
Whenever a company gets negative buzz about itself in a chat room, it's important to determine whether the comments are defamatory or harmful enough to take legal action. Defamation is when you make false statements that hurt someone's reputation, and companies can sue people who do that. The problem is figuring out if the negative comments are defamatory. In cases where a company can't identify the poster behind a pseudonym, it's harder to file a lawsuit. You should know that pseudonymous online comments don't automatically constitute defamation. In deciding whether the comments are actionable defamation, the courts will consider various factors, like the context and content. In cases where the company's complaints don't rise to the level of actionable defamation, the courts may be cautious about subpoenaing the ISP for identity
information. Law protects free speech and anonymous expression, and they need to make sure that unnecessary subpoenas don't stop online speech.
Chapter 11
In the case of Craigslist and FHA violations, Craigslist's liability depends on a lot of factors. It's important to consider the nature of the content posted by users. Craigslist may be liable if it knows the ads are discriminatory or does not take reasonable steps to prevent them from being posted. Additionally, there's a difference between the ads' content and the platform's role in facilitating it. FHA may be violated if Craigslist actively promotes or incentivizes discriminatory
behavior through its algorithms, design, or other features. Last but not least, it's important to consider Craigslist's broader context. FHA may be violated if Craigslist's discriminatory ads perpetuate discriminatory practices in the housing sector. It's a complex question whether Craigslist is liable for FHA violations, and it requires a careful analysis of the specifics. Craigslist may be protected from some liability by Section 230(c)(1) of the CDA, but it may not cover all cases where it has knowledge or contributes to discrimination.
References:
Gilmore, D. (2023, August 17). What is defamation per se? - findlaw. What Is Defamation Per
Se? https://www.findlaw.com/injury/torts-and-personal-injuries/what-is-defamation-per-se-.html
Samson, M. (n.d.). Internet library of law and court decisions. All Decisions - Internet Library of
Law and Court Decisions. http://www.internetlibrary.com/alldecisions.cfm
Taylor, B. (n.d.). Can you sue someone for defamation if they leave a bad review about your
business, even if the review is true?. Quora. https://www.quora.com/Can-you-sue-someone-for-
defamation-if-they-leave-a-bad-review-about-your-business-even-if-the-review-is-true
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