Man faces criminal charge in libel case.

From an article in LA Times on Dec 4, 2008--J.P. Weichel is accused of writing defamatory comments about his former girlfriend on a Craigslist forum. Weichel, from Colorado, allegedly posted comments about his ex girlfriend on the Craigslist “rants and raves” forum, accusing her of child abuse, welfare fraud, and making crude comments about her sex life.


The woman said the postings were defamatory. But unlike the majority of libel cases, which are tried in civil court, local authorities have charged Weichel with a crime.
Colorado is one of a few states with a criminal law against libel. The statute dates to the 19th century and is rarely used. However, several lawyers said the case should be handled in civil court. The lawyers said, "Bringing the government into the dispute is a troubling infringement on free speech."

Mark Silverstein, legal director of the American Civil Liberties Union of Colorado,said “Being a jerk isn’t necessarily grounds for felony prosecution." Gregory Lisby, a communications professor at Georgia State University, has tracked criminal libel prosecutions. He said the states that retained such statues had simply not updated laws from English common law. His research shows that criminal libel cases have dropped, but the Internet could reverse that. People don’t realize that scornful postings or e-mails can make them liable for defamation charges.

“More and more people view the online world as a free-rant place,” Lisby said. “They think it’s par for the course, but they’re setting themselves up for lawsuits” or prosecution.