Tuesday, June 8, 2010
The ABA Journal reports that a federal bankruptcy judge has held that, under Texas law, "sending an e-mail message with a hyperlink to a defamatory blog post can be considered a publication for the purposes of a libel claim." The court further found that the email satisfied the actual malice standard for public official defamation claims. Notably, the libel defendant had not written the blog post, but only included links to the blog posts in his email.
Thanks to Lisa Smith-Butler for the story.