Fw: Court Rules That Internet Re-Posting Is Protected Speech ~ Dismisses Defamation Suit Against Breast Implant Activist Rosenthal as Meritless

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----- Original Message -----

From: " Ilena Rose " <ilena@...>

Sent: Monday, July 30, 2001 12:41 PM

Subject: Court Rules That Internet Re-Posting Is Protected Speech ~

Dismisses Defamation Suit Against Breast Implant Activist Rosenthal as

Meritless

http://www.eff.org/sc/Barrett_v_/20010730_eff_ruling_pr.html'>http://www.eff.org/sc/Barrett_v_/20010730_eff_ruling_pr.html

Electronic Frontier Foundation Media Release

Court Rules That Internet Re-Posting Is Protected Speech

Dismisses Defamation Suit Against Breast Implant Activist as Meritless

For Immediate Release: July 30, 2001

Contact:

Lee Tien, EFF Senior Staff Attorney,

tien@...,

415 436 9333 x102

Mark Goldowitz, Director, California Anti-SLAPP Project (CASP),

Ý mg@...,

510-835-0850 x305

Ilena Rosenthal, defendant in Barrett v. ,

breast implant awareness activist, Director, Humantics Foundation,

ilena2000@...,

858-270-0680

Oakland, CA - In a trail-blazing 27-page order, Alameda Superior Court

Judge A. Richman dismissed a defamation lawsuit filed against a

breast implant awareness activist, finding that it was a meritless SLAPP

(Strategic Lawsuit Against Public Participation). The court held that a

1996 federal law protects individuals from civil liability for posting to

an Internet newsgroup a statement created by another.

Ilena Rosenthal, Director of the Humantics Foundation in San Diego, was

sued for defamation based on her postings on Internet newsgroups. On July

25, 2001, Judge Richman granted Rosenthal's motion to dismiss the

complaint against her as a meritless SLAPP. Two self-proclaimed

" Quackbusters, " Barrett, M.D., of town, Pennsylvania, and

Terry Polevoy, M.D., of Canada, joined by their attorney and co-plaintiff,

Grell, of Oakland, California, filed suit against the

activist. Judge Richman found that none of the plaintiffs had valid claims

against Rosenthal. He ruled that Rosenthal's statements calling Barrett

and Polevoy " quacks, " and Barrett " arrogant " and a " bully " who tried to

" extort " her, were not actionable because " they do not contain provably

false assertions of fact, but rather are expressions of subjective

judgment. "

Judge Richman further found that only one statement by Rosenthal was

arguably defamatory -- a document written by someone else which Rosenthal

re-posted to an Internet newsgroup. Judge Richman held that this statement

by Rosenthal was protected under section 230 of the federal Communications

Decency Act (CDA), a law Congress enacted in 1996 expressly " to promote

the continued development of the Internet and other interactive computer

services, " which Congress declared should be " unfettered by Federal or

State regulation. "

Judge Richman held that section 230 of the CDA " provides immunity to

users, as well as providers, of interactive computer services. " He found

that Rosenthal, " as a user of an interactive computer service, that is, a

newsgroup, . . . is not the publisher or speaker " of statements made by a

third person. Thus, Judge Richman concluded, " she cannot be civilly liable

for posting it on the Internet. She is immune. "

Lee Tien, Senior Staff Attorney for the Electronic Frontier Foundation

(EFF), the leading Internet civil liberties organization, said " in

enacting section 230, Congress tried to protect free speech on the

Internet from chilling threats of costly litigation. This decision will

help achieve that goal and marks a solid victory for free expression.

Internet speech would be stifled if individuals could be found liable for

the defamatory statements of others. "

Mark Goldowitz, counsel for defendant Rosenthal and the Director of the

California Anti-SLAPP Project, said, " Judge Richman's opinion is

significant. To my knowledge, this is the first court to rule that

Internet re-posting is immune from civil liability under federal law. This

ruling greatly advances freedom of speech on the Internet. Also, it is

very rare for a trial court judge to issue anything even close to a

27-page order. "

Ilena Rosenthal, one of several defendants named in this high-profile

Internet libel case, heads an international support group for women harmed

by breast implants. Rosenthal believes that this suit, one of several the

so-called " Quackbusters " have filed against critics of their tactics, has

been used to intimidate and threaten others into silence for fear of being

named as a " Doe " in this lawsuit. " They are a dominant threat to

alternative and complementary medical practices and practitioners, "

Rosenthal said. " Their campaigns obstruct health freedom and attempt to

chill the voices of their critics and opponents. "

For a copy of Judge Richman's 27-page opinion in Barrett v. :

http://www.healthfreedomlaw.com/Court%20Documents/Rosenthal%20SLAPP/Rosentha

l%20

Ruling.htm

(For discussion of section 230 of the CDA, see pages 17-20.)

For a copy of section 230 of the Communications Decency Act, 47 U.S.C. Sec.

230:

http://www.casp.net/47usc230.html'>http://www.casp.net/47usc230.html

For a copy of memoranda filed in support of Rosenthal's special motion to

strike:

http://www.casp.net/caldocs.html'>http://www.casp.net/caldocs.html

About EFF:

The Electronic Frontier Foundation is the leading civil liberties

organization working to protect rights in the digital world. Founded in

1990, EFF actively encourages and challenges industry and government to

support free expression, privacy, and openness in the information society.

EFF is a member supported organization and maintains one of the most

linked-to Web sites in the world:

http://www.eff.org/

About CASP:

The California Anti-SLAPP Project (CASP) is a public interest organization

dedicated to the eradication of SLAPPs (Strategic Lawsuits Against Public

Participation) in California. Founded in 1991, CASP has led a broad

coalition for anti-SLAPP legislation, which resulted in enactment of

California's pioneering legislation to protect against SLAPPs in 1992, and

amendments to strengthen the law's protections in 1997 and 1999. CASP

monitors implementation of the anti-SLAPP law and assists SLAPP targets

and their attorneys with use of the law. For more information about CASP

and SLAPPs:

http://www.casp.net/

About defendant Ilena Rosenthal:

For more information about defendant Ilena Rosenthal and her work on

breast implant awareness, email her at ilena2000@.... See also:

Breast Implants: The Myths, The Facts, The Women, by Ilena Rosenthal

(information booklet)

http://www.internet-connect.com/implants/dowchemresults1.html

Article on saline implants in Glamour Magazine, Nov. 2000:

http://community-1.webtv.net/lany25/GlamourMagazineNov/

" Breast Implants, America's Silent Epidemic, " in Total Health Magazine,

Nov.-Dec. 2000)

http://www.mercola.com/2001/jun/6/breast_implants.htm

Note: EFF has no official position on breast implants or possible health

risks thereof. Our interest in this case is the First Amendment issues

raised. Press inquiries relating to Ms. Rosenthal's work should be

directed to the Humantics Foundation at 858/270-0680.

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