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Wednesday, August 19, 2009

Vogue model Liksula Cohen wants to sue an anonymous blogger for calling her a 40-something skank who "may have been hot 10 years ago." A New York court ruled in her favor, ordering Google to unmask the anonymous blogger, making her open for a defamation suit.

First, I can't believe a U.S. court ruled to unmask an anonymous blogger for stating her opinion. Justice Joan Madden rejected the defendant's claim that blogs, "serve as a modern-day forum for conveying personal opinions, including invective and ranting."

This Canadian model is apparently accustomed to Canadian defamation law, where the courts will convict and imprison citizens for speaking their opinion about other people.

The only leg Cohen has to stand on is New York Times Co. v. Sullivan (1964). However, this precedent only applies to defamation of public officials. Cohen's ego doesn't stretch that high. Additionally, the decision in Gertz v. Robert Welch, Inc. (1974) removes liability for defamation when the defendant is stating an opinion. As far as I know, stating that someone is hot or not is still an opinion.

Posted by Eleutherian

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