Good Samaritan or Defamation Defender? Amending the Communications Decency Act to Correct the Misnomer of Section 230 . . . Without Expanding ISP Liability

By Tara E. Lynch

Introduction: Falsely alleging that one has committed a crime of moral turpitude, carries a loathsome or contagious disease, or lacks integrity or ability in her trade or profession are widely recognized by lawyers and journalists as classic examples of per se defamation. Imagine, for example, two female law students walking into your office, alleging that twenty-eight different people had published statements that they carried various venereal diseases, had effectively bought their way into law school despite poor LSAT scores, and had engaged in sexual relationships with the law school’s deans. In theory, so long as these statements are false, this class of per se defamation suit seems at first blush easily won. That is until you ask who their alleged defamers are. They reply: “Pauliewalnuts,” “neoprag,” “Remember when I said I would kill you last? I Lied.,” “The Ayatollah of Rock-n-Rollah,” “DRACULA,” “Sleazy Z . . .”. Welcome to defamation in the Internet age.

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