A law enacted almost 50 years ago is landing a Colorado man in hot legal water after he blew off some steam online via the popular site CraigsList. Accused of posting comments about his ex-girlfriend on the site, the 40 year old man is looking at up to 18 months in prison if he is convicted under Colorado’s criminal libel law. Passed in 1963, this little legislative gem bans statements “tending to blacken the memory of one who is dead” or that “impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive.”
The comments that have roused all the ire were posted on CraigsList’s popular “Rants and Raves” section where people, well, rant and rave. The man allegedly posted comments on the site suggesting that his ex-girlfriend had traded sexual acts for legal services from her attorney. A police report further states that the postings assert that the woman abused her child and concealed it from social workers, and that she committed welfare fraud. The postings also contain multiple references to the woman’s body and anatomy.
The ex-flame, for her part, noticed the postings and contacted police who traced the postings to a computer to which the man had access. Earlier this year Loveland police questioned the internet ranter at his workplace about the postings, to which he responded that he was “just venting,” according to an affidavit for an arrest warrant filed in court.
Legal scholars have traced the origins of Criminal libel laws to the Star Chamber, which prosecuted critics of the British crown. Very few states have criminal laws against libel, instead referring to it as a civil matter. Colorado is among the handful of criminal libel states, the statute dates to the 19th century. Many legal scholars are of the mind that such criminal procedures for libel are antiquated and out of touch with the modern world.
“Criminal libel is just an anachronism,” according to Thomas Kelly, a First Amendment lawyer in Denver. “Using the criminal law to punish speech is just such an ugly display of the power of the state that I think most law enforcement officers would tell someone with a complaint like that to file a civil action.”
This is another example of how anonymous hate speech online can lead to criminal repercussions in the real world. As the courts continue to legislate the internet, expect more stories like this one in the future.
3 comments ↓
Well he should have gotten totally busted. Regardless of whether it was true or not. People seem to forget that anything you do on a computer no matter how smart you think you are can be traced back to you.
Go to a library and use it, you’ll get busted, use your friend’ computer you’ll get busted, short of breaking into some total strangers house and using their computer… humm that might not be traceable.
But luck would have it they had a video cam looking right at your sneaky mug! Great story thanks for posting it.
Peace
Gabriella
Thanks for the comment, Gabriella! It will be interesting to see how the courts handle internet case law in the future. It seems we live in interesting times.
Wow so few people see a problem with compromizing free speech that it’s no surprise we’re losing it. How 1984.
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