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Jun 4, 2010

Court Finds Links Libelous

The Reporters Committee for Freedom of the Press -- where I began my career as a legal fellow -- reports that a federal bankruptcy court in Texas has held that links in a e-mail to libelous blog postings can made the sender of the e-mail subject to civil libel claims.  The court held that inclusion of the links constituted "actual malice" required in libel suits brought by public officials.

This appears to be the first time that a court has made such a ruling.

The decision is In re Perry, Bank. No. 08-32362, 423 B.R. 215, 265-273 (Bankr. S.D. Tex. Feb. 3, 2010).  Here is an edited version of the decision, with the brief statement of facts and the discussion of the defamation claims.