PressEthic

According to an article that appeared in USA Today, California's State Supreme Court has upheld the 1996 federal Communications Decency Act. The court said that only original authors on blogs and Web sites can be sued for posting libelous or defamatory comments.

Gregory Herbert a defense lawyer in Orlando who specializes in First Amendment issues said the ruling is a big win for bloggers and Web site owners.

Bloggers and website owners can all breathe a very big sigh of relief. This decision adds more uniformity to the law and reduces the risk for liability for even individuals who are posting things onto website message boards and chat rooms.

In 2001, two doctors in California sued Ilena Rosenthal for defaming them after she posted critical memos, obtained from a third party, on her Web site. A judge dismissed the case in 2001, but the state courts restored it in 2004. The restoration of the case made California one of the only states to threaten the protection bloggers and Web site owners enjoyed to that point.

The ruling had national impact as other states began reviewing similar libel and defmation cases on their dockets. The significant point here is the distinction between original authors and third-party posts. As blogging evolves and morphs into whatever the next phase will be, this line will continue to be tested.