Yang-Ming Tham has published a comment in the Villanova Sports and Entertainment Law Journal titled, Honest to Blog: Balancing the Interests of Public Figures and Anonymous Bloggers in Defamation Lawsuits.
Here is an excerpt:
Post-Internet 2.0 free speech is most commonly represented by the blog, websites devoted almost solely to giving voice to a person’s thoughts and beliefs using the Internet as the medium of free exchange. … As blogs continue to proliferate, diversify and become increasingly complex, the potential for tort suits, such as defamatory libel, increases. The laws of tort and constitutionally based free speech were developed in the absence of the Internet, mostly to address the concerns of the more traditional news media outlets. As an ever-increasing number of citizen journalists continue to supplant blogs and other Internet-based social networks, courts are being challenged to apply legal standards developed for traditional media jurisprudence to blogs and bloggers. Recently, courts have had to determine the proper legal standard for public figure defamation and First Amendment protection for the blogosphere.
This Comment, through a hypothetical lawsuit in which a public figure plaintiff alleges libel by an Internet blog, explores the issue of tort defamation by anonymous bloggers in connection with the legal challenge of balancing constitutional First Amendment protections, and the complicated regime of legal requirements developed pursuant to those standards.
The cite is 17 Vill. Sports & Ent. L.J. 229.
The article is available as a downloadable pdf.