We Get Letters
JEFFREY J. UPTON
jju@hanify.com
October 29, 2003
“Atrios”
Author and Publisher of “Eschaton” Weblog
Dear "Atrios":
This firm represents Donald L. Luskin, a Contributing Editor to National Review Online and author and host of Poorandstupid.com, among other activities. You recently linked to Mr. Luskin’s October 7, 2003, posting on his website entitled "Face To Face With Evil," in which he chronicles his attendance at a lecture and book signing presented by Paul Krugman. You chose the unfortunate caption "Diary of a Stalker" for your link. More importantly, your readers, in responding to your invitation to comment, have posted numerous libelous statements regarding Mr. Luskin. Picking up on the theme you introduced, several have made false assertions that Mr. Luskin has committed the crime of stalking. Such a statement constitutes libel per se, an actionable tort subjecting both the author and the publisher to liability for both actual and punitive damages. As a result of your control over and participation in the comment section of your site, as well as the fact that Mr. Luskin has personally brought these libelous comments to your attention already, you face personal liability for their distribution. Determining your identity for the purpose of making service of process can be easily accomplished through a subpoena to Blogspot.com.
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Atrios blogSigh.
got freedom?