On Wed, 5 May 2004 09:03:06 -0700, Hallam-Baker, Phillip wrote:
But a critic who posted 'food was inedible, sanitary
conditions dangerous' could be sued in a heartbeat.
Of course he can be sued; I have been sued many times and
appeared in court hundreds of times. The point is that (with rare exceptions)
truth is an absolute defense in a defamation case. There are many other
defenses (e.g. good faith, public duty).
The point of a practice is to spell out proper rules. If the rules of
practice
are proper, public, and serve a non-discriminatory public purpose, the
industry body propounding the practice is liable for nothing more than
harassing litigation, likely not even that. A blacklist operator who
violates the rules may be liable, or may not, in some venue on some
cause of action. That is right and proper. The way to make a good
blacklist system is to have a good industry practice. People who
run bad blacklists get run out of town. (It happened in one famous case.)
I will address tortious interference in another message.
Jeffrey Race
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