Login

Event Calendar

December 2009
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
28293031EC

Archives

Oh Look! MORE Lawyers!

What was it someone once said?  We have more lawyers than engineers in the US?

Sad, isn’t it?

As I expected, someone decided that they didn’t appreciate Ron Pace’s lawyer running background checks on them…or my posting them.  This time, it’s Mr. Thomas Wright;  his lawyers write a very eloquent letter (click here to read it).

However, the courts have been very clear about what is  ‘public information’, especially that which can be obtained through other means.  In a nutshell, it is not illegal to aggregate public data, as the Electronic Frontier Foundation makes clear:

Is there a difference between reporting on public and private figures?
Yes. A private figure claiming defamation—your neighbor, your roommate, the guy who walks his dog by your favorite coffee shop—only has to prove you acted negligently, which is to say that a “reasonable person” would not have published the defamatory statement.

A public figure must show “actual malice”—that you published with either knowledge of falsity or in reckless disregard for the truth. This is a difficult standard for a plaintiff to meet.

Who is a public figure?
A public figure is someone who has actively sought, in a given matter of public interest, to influence the resolution of the matter. In addition to the obvious public figures—a government employee, a senator, a presidential candidate—someone may be a limited-purpose public figure. A limited-purpose public figure is one who (a) voluntarily participates in a discussion about a public controversy, and (b) has access to the media to get his or her own view across. One can also be an involuntary limited-purpose public figure—for example, an air traffic controller on duty at time of fatal crash was held to be an involuntary, limited-purpose public figure, due to his role in a major public occurrence.

(quoted from this page;  see also here)

As if that weren’t enough, Ron’s lawyer also has responded (click here to read that).

I think I’ll have to decline.

Leave a Reply