Bloggers Beware

On September 8th, boston.com reported that a blogger in Cape Cod was being sued for statements that he made on his blog criticizing opponents to a plan to dredge Barnstable Harbor. Joseph F. Dugas is suing the blogger Peter Robbins who in a recent blog told his audience that Dugas was one of the individuals that they should blame if their boats ran aground this summer. The libel suit alleges Robbins was wrong on the facts and wrong to characterize the opposition to dredging as frivolous and malicious. The residents opposed the project because they wanted the town to stop leaving dredged material on their beaches, the suit says.

According to the story this lawsuit is the latest challenge to the freedom of bloggers who are subject to the same libel laws, but not the same editorial standards, as the mainstream media. The article goes on to say that there have been over 500 lawsuits of bloggers filed in the US courts.

Interestingly, Robbin's defense team plans to cite the Massachusetts' anti-SLAPP law, named for Strategic Lawsuits Against Public Participation. Such laws were enacted in 26 states so that citizens could voice their opinions about projects without being sued for defamation and silenced by developers or other powerful players.

Two thoughts come to mind, first is that if Joseph Dugas does oppose the dredging project then Robbins declaration of his opposition is a statement of fact and can't be libel, the second is that if Robbins wants to characterize the group and its members as frivolous and malicious that seems to be an opinion and is therefore not libel as well. What may be libelous, however, is Robbins' assertion that if the opposition wins and the dredging does not take place that it is the fault of Dugas and his group.