Fantasy quotes & libel
Hi, After review of the material I forwarded by request it is clear that 'fantasy' quotes are libel provided: * the person being quoted is not a public figure. On a 'private' mailing list like the cypherpunks this is a given unless similar statements can be found in the public records. * the section added to the original quote is not clearly seperated or otherwise dilineated such that a reader will be able to tell what the original quote was and the extrapolation by the 'editor' is. * there is clear intent to effect the perception of the original authors reputation in a negative or otherwise harmful manner. * the 'fantasy' quote is not clearly marked as the opinion of the editor. While quoting persons with editing is allowed under the 1st Amendment as understood by the courts the attributation of extrapolations by a third party (meaning a party other than the original author and the reader) as 'true' quotes of the original author is not. 'Truth' is usually ascribed as protection against libel, however, opinions are not 'true', they are opinions not facts as accepted by a court. With the current 'editorial control' as provided by the cypherpunks mailing list the mailing list operator/censor may also be held in some situations accountable as well. This occurs because the relationship between list operator and the quoter is similar to that of editor and reporter in a newspaper. For the quoter to get his quote distributed the list operator must ok it. The reasoning used is that the editor 'should have known' the boundaries and applied them. Not only is ignorance not an excuse but neither is negligence. Jim Choate CyberTects ravage@ssz.com
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Jim Choate