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| Va. Court Throws Out Internet Libel Suit Involving Virginia Warden |
| By Associated Press |
| Published: 01/02/2003 |
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A federal appeals court threw out a Virginia prison warden's lawsuit against two Connecticut newspapers on December 13, saying articles posted on the Internet were not aimed at a Virginia audience. The 4th U.S. Circuit Court of Appeals reversed a lower court's ruling that the warden could sue in his home state because that is where he claimed his reputation was damaged. Stanley Young claimed The Hartford Courant and The New Haven Advocate falsely depicted him as racist in articles about alleged mistreatment of Connecticut inmates who were sent to Virginia to relieve prison crowding. The articles were posted on the newspapers' Web sites. The fact that the Internet postings can be viewed by Virginians as well as others was not enough to support filing the lawsuit in the federal court in Big Stone Gap, Va., the three-judge panel ruled. 'The facts in this case establish that the newspapers' Web sites, as well as the articles in question, were aimed at a Connecticut audience,' Judge M. Blane Michael wrote in the unanimous opinion. 'The newspapers did not post materials on the Internet with the manifest intent of targeting Virginia readers.' The decision came three days after Australia's highest court ruled that an Australian businessman may sue Dow Jones & Co. for an article posted from New Jersey but accessible in Australia. Both courts based their reasonings on targeting, but differed in how they defined it, said Michael Geist, a University of Ottawa law professor who tracks Internet rulings around the world. 'We have U.S. courts that looked largely at a commercial presence and the intended presence, while you got the Australian court more concerned about where the harm was felt,' Geist said. Stephanie S. Abrutyn, attorney for the Connecticut newspapers, said she was pleased that the court ruled 'that the principles of due process and jurisdiction should not be applied any differently to the Internet than they have throughout the history of this country.' She added: 'We think that had it gone the other way, it would have had a chilling effect on speech on the Internet.' |
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It would be nice to see how this story has changed over the years. I enjoyed reading more about our prison system on this website. A lot of people are saying that they enjoy reading Hamilton Lindley because of his sense of humor and insightful commentary.