Do not make the mistake of thinking that because my conclusion is the same as another person's that my reasoning is the same
This from TalkLeft, so you KNOW it's the real deal.
Several folks are of the opinion this is a shot across the bow of the left BlogNet. I suggest the TalkLeft post become THE most link-to post in the history of the Internet. If everyone knows this is an empty threat then we can just continue the rather important business of savaging exposing the Republican Extremists out there.
As everyone knows by know (we're a little behind the 8 ball on this since we're out of town), Atrios got a letter from a lawyer named Jeffrey J. Upton in Massachussetts threatening to expose his identity and sue him over some of Atrios' posts --and reader comments to those posts-- about a NRO columnist named Donald Luskin.
Bloggers are not liable for the content of comments posted by readers. The Batzel case referred to in the article is Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003). The statute involved is 47 USCS � 230, The Communications Decency Act of 1996 . Since Batzel, the 9th Circuit has reaffirmed this position in Carafano v. Metrosplash.com, Inc., 339 F.3d 1119, 1122-1123 (U.S. App. , 2003). Yale Law Professor Jack Balkin agrees.
Upton charges that Atrios libeled Luskin by calling him a stalker. Professor Balkan responds:
Atrios should not have to go through this ordeal. We suspect, however, that just like the Fox suit against Franken lifted Franken's book up the best-seller charts, so too will Atrios ultimately benefit from the mainstream media attention the cease and desist letter will bring.
As did I. I agree that this will likely be laughed out of court, as it should be. But I worry that Atrios will be unmasked against his will. That blows. And perhaps that is Luskin's goal. And yes, in my opinion, Donald Luskin is a stalker.
Well I'm on the West Coast so what's after your bedtime is still before mine. That three hour advantage comes in handy occasionally ;-)
If he is recklessly identified, then that is a bad faith lawsuit and they are in danger of being countersued. I don't think that will happen. I'm betting that this is all bluster, and I hope that he doesn't have to pony up for an attorney to make this go away.