--- begin forwarded text X-Sender: pswire@pop.service.ohio-state.edu Mime-Version: 1.0 Date: Mon, 7 Apr 1997 09:54:35 -0400 Reply-To: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> Sender: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: Peter Swire <swire.1@OSU.EDU> Subject: Re: America Online and liability for dissemination of informatio To: CYBERIA-L@LISTSERV.AOL.COM At 09:23 PM 4/6/97 -0700, Bob Stock wrote:

Someone said:

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Look at it this way: what if this anonymous one had gone to his local library, went through the newspapers and collected classified ad forms. Then sent them all in, publishing classifieds which said the same thing in 20 newspapers across the country.

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the newspapers which published those ads would have potential liability if they were negligent in their fact checking before publishing them.

Newspapers are legally required to check the facts of classified ads before publishing them in order to escape any potential libel liability? You can't be serious.

Sorry. Check out the cases that Soldier of Fortune magazine lost for failing to check its classified ads. The cases involved "gun for hire" classifieds, someone got shot, and the estate was permitted to sue the magazine. The tort analysis used a Hand test, in which the cost of screening the classified (on its face an invitation to commit a deadly crime) was found to be less than the cost to society of allowing the magazine to run such ads. The facts of SOF are very special, but they show at least one scenario where courts have found liability for running a classified ad. Regards, Peter Prof. Peter Swire Ohio State University College of Law e-mail: swire.1@osu.edu web: http://www.osu.edu/units/law/swire.htm (in early stages of construction) --- end forwarded text ----------------- Robert Hettinga (rah@shipwright.com), Philodox e$, 44 Farquhar Street, Boston, MA 02131 USA Lesley Stahl: "You mean *anyone* can set up a web site and compete with the New York Times?" Andrew Kantor: "Yes." Stahl: "Isn't that dangerous?" The e$ Home Page: http://www.shipwright.com/