Submission + - Websites Don't Have to Remove Defamatory Comments (internetcases.com)
DustyShadow writes: In the case of Blockowicz v. Williams, The US Seventh Circuit Court of Appeals refused to force Ripoff Report to remove allegedly defamatory comments posted by a user. The Ripoff Report has a well-publicized no-takedown policy, even if the author wants to remove his/her post, so the Ripoff Report refused. The Blockowiczs then claimed that the Ripoff Report violated FRCP 65(d) because the Ripoff Report was "in active concert or participation" with the initial posters by refusing the injunction's removal order. The district court (and the Court of Appeals) disagreed with the Blockowiczs. Absent the "active concert or participation," the website was outside the court's control. Ripoff Report has released a statement concerning this case: "In keeping with our core mission of protecting speech to the fullest extent of the law, we decided that it was not just our right but also our duty to ask questions and dig deeper before we could comply with such an order. Other sites claim they support free speech, but when the going gets rough, they will usually protect their bottom line rather than the Constitutional rights and freedoms this country was founded upon. Unlike other sites, even when the speech involved is harsh or negative and even if our position sometimes generates negative press for us, we think that the First Amendment requires us to put our principles before our pocketbook and fight against censorship."
