IT AIN’T OVER ‘TIL IT’S OVER

It was reported in the July 7, 2008 issue of Publishers Weekly that the Barbara Bauer defamation-of-character lawsuit against Wikimedia Foundation and 19 bloggers and websites was dismissed. After checking its sources, WritersNewsWeekly learned that the defamation suit filed against Wikimedia Foundation was, in fact, dismissed, citing the 1996 Communications Decency Act. However, according to the docket of the New Jersey Superior Court, many of the cases have yet to be heard and have not been dismissed. According to the office of the presiding judge, Honorable Jamie Perri, the cases are “all ongoing.”

The initial ruling in favor of Wikimedia Foundation was anticipated by many and did not come as a surprise to those following a potential ground-breaking case. Judge Perri did not rule out the possibility that Bauer may file an amended complaint against Wikimedia Foundation alleging that its Internet site published its own defamatory statements about the literary agent — not defamatory statements made by others. When asked if Bauer had amended her compliant against Wikimedia Foundation, the office of the presiding judge repeated that all the cases were ongoing. The Honorable Judge Perri did not comment on the case.

“If (Wikipedia) blocks certain posts but refuses to block those derogatory of Ms. Bauer, that does not strip them of 47 USC 230 immunity,” says Eugene Volokh, law professor at the UCLA School of Law. When asked if Wikipedia has the right to take down defamatory posts on any page they want to—and if they don’t want to they are still immune, Professor Volokh answered, “Exactly.”

“The Bauer case is very important to many writers, agents, literary services providers and publishers whose reputation and income has been damaged by bloggers,” a source who wished to remain unidentified, citing “fear of reprisal” from certain websites and individual bloggers, referring to Bauer as an example of what happens when you try to defend yourself against them. “Should Ms. Bauer prevail against these people, this will give others who have been damaged legal recourse.” The unidentified source went on to say that, depending upon the outcome, they are prepared to join with others in pursuing their own lawsuits against some of the parties listed in the Bauer lawsuits.

Others being sued by Bauer include Jenna Glatzer, James D. MacDonald, Kent Brewster, Patrick Nielsen-Hayden, Science Fiction and Fantasy Writers of America (SFWA,) Ann C. Crispin, Victoria C. Strauss, Lesia Valentine, Christina Walden aka Christina Bristol, David L. Kuzminski, Thomas S. Tully, Stephan Spencer, Shewta Narayan, Kristen Fischer aka Kristen Pascuili, Gregory Ludwig and Aimee Amodio.

The defendants are being sued for defamation, tortuous interference with prospective economic advantage and conspiracy to defame. Schenck Price Smith & King are representing Glatzer, Stone, Macdonald, Brewster, Nielsen-Hayden, Kuzminski, Tully and Spencer. Miller & Lamastra are representing Crispin, Strauss and Science Fiction and Fantasy Writers of America.

Read more about Wikipedia v. Bauer

Libel on the Internet - Part One
Libel on the Internet - Part Two
Libel on the Internet - Part Three

Read Dr. James S. Payne's Article on Bloggers

Agree? Disagree? Tell us at editor@writersnewsweekly.com or join the discussion on facebook.com.