The relationship between libel laws and new media has moved into the legal spotlight with a settlement in the Courtney Love Twitter defamation case and a suit against blogger John Hoff.
These examples, and others, put a new focus on libel. Many people are already familiar with libel cases against magazines and newspapers, but what about content published on Twitter or Facebook, or on personal blogs? And since so many of us are publishers now whether we define ourselves that way or not what do individuals need to know about libel?
David Ardia, fellow at the Berkman Center and the director of the Citizen Media Law Project, recently walked me through a couple of examples of how libel laws are slowly adapting to new media platforms. He also offered some common sense best practices for avoiding libel litigation.
Our interview follows.
David Ardia: Libel law, which has been judge-made law for a very long time, has a history of slowly adapting to technological change. I would be reluctant to say that these new social communication technologies have radically changed the law, because they havent. But I do think were going to begin to see their influence play out over time.
The awk programming
language was designed to simplify many common text processing tasks. In
this chapter, we present a subset that suffices for most of the shell
scripts that we use in this book.
For an extended treatment of the awk language, consult any of the books on
awk listed in the Chapter 16. If GNU gawk is installed
on your system, then its manual should be available in the online info system.
All Unix systems have at least one awk implementation. When the language was
significantly extended in the mid-1980s, some vendors kept the old
implementation as awk, and sometimes
also as oawk, and then named the
new one nawk. IBM AIX and Sun
Solaris both continue that practice, but most others now provide only the
new one. Solaris has a POSIX-compliant version in /usr/xpg4/bin/awk. In this book, we consider
only the extended language and refer to it as awk, even though you might have to use nawk, gawk,
or mawk on your
Talk rot by all means, but do it in your own way, and I’ll be ready to kiss you for it. For to talk nonsense in your own way is a damn sight better than talking sense in someone else’s; in the first case, you’re a man; in the second you’re nothing but a magpie.
Dostoyevsky, Crime and Punishment. (1978, p. 219)
We come now to a difficult question, but one that it is necessary to solve, at least provisionally. We have put emotional activity at the centre of our understanding, but who is the author of emotional activity?
The sense we get from the chapter on the jelly (Chapter 8) is that there is no integrated author of emotional action, that the intensifiers are hated and expelled in a reactive way, and that this is in tandem with an unintegrated state. But this very way of talking suggests that there is an alternative state where action proceeds from an integrated centre. What has been said about freedom implies a creative act issuing from a centre. Findings from psychoanalysis also suggest that health and sanity come from reintegrating split-off parts of the self, the implication being that wholeness of parts is a goal to be aimed at.
“But he said to them, ‘Unless I see the mark of the nails in his hands, and put my finger in the mark of the nails and my hand in his side, I will not believe’” (Jn 20:25).
The young woman spoke with great enthusiasm, “Can you imagine, Father, what a grace was given to me at that moment? My friends, the Cisneros sisters, brought me to the Corpus Christi celebration at the cathedral in Brussels. When I saw the procession coming toward us, everyone suddenly knelt down. I ran to hide in a doorway. I said to the Lord, ‘I will not be part of this. I only kneel before you, my God.’ Just as I peeked out, I spotted the monstrance pass by and heard a voice in my heart say, ‘I am the One whom you seek.’ I sank to my knees. That was my first adoration, hiding behind a door.”
“That is all certainly God’s grace. But, Miss Hesselblad, you have had no instructions other than your discussions with your friends. How can you expect me to simply baptize you?” Father Hagen saw before him an enthusiastic young woman from a devout Swedish Lutheran family. She told him she had arrived in New York in 1888, when she was only eighteen. Then she spoke of her search of work, her training as a nurse at Roosevelt Hospital in Manhattan, her work as a nurse to the homebound, her struggle with Catholic teachings, but also her attraction to the sincerity of Catholic devotion. He was not sure she was ready, but he didn’t want to discourage her.
n peut différer d’opinion sur les mérites et sur l’avenir du mouvement nouveau de l’art décoratif ; on ne peut nier que victorieusement, aujourd’hui, il n’ait gagné toute l’Europe, et, hors de l’Europe, tous les pays de langue anglaise ; il ne reste plus qu’à le diriger : c’est l’affaire des hommes de goût. » (Jean Lahor, Paris 1901)
L’Art nouveau est né d’un grand mouvement d’art décoratif qui, à partir de 1892, se manifesta dans l’Europe occidentale. La naissance du mouvement d’art décoratif dont il s’agit ne fut pas aussi spontanée qu’on le croit généralement. De 1815, époque où disparaît le style Empire, à 1889, il serait possible de constater bien des variations dans la décoration du mobilier et du bibelot. Par exemple, on pouvait voir à l’Exposition universelle de 1900 des reconstitutions d’ameublement
Restauration, Louis Philippe, Napoléon III, qui différenciaient certains caractères. Mais la tradition ou plutôt, l’imitation avait trop de part dans la production de ces diverses époques pour qu’un style prit naissance et reçut un nom caractéristique. Cependant, durant ce laps de temps, certains artistes avaient cherché à exprimer leur idéal décoratif autrement que leurs devanciers.