Criminal Libel?

Criminal Libel?

How many of you knew there even was such a thing? (I didn't.)

From the interesting site Popehat, which I've just stumbled upon, comes this story of a professor who calls the cops on one of his students for a satire. The story has a happy ending.

A student blogger published a tongue-in-cheek forum ostensibly edited by "Junius Puke," featuring a masthead photo of one Junius Peake, an economics professor at the University of Northern Colorado, that had been altered by adding Kiss-makeup and a protruding tongue. The professor, not one to let insulting ridicule pass, managed to persuade a local deputy DA to get a warrant to search the blogger's home and computers for evidence of criminal libel under Colorado state law. Per The Fire:

Shockingly, under Colorado law, criminal libel is committed when people "knowingly publish or disseminate, either by written instrument, sign, pictures, or the like, any statement or object tending to ... impeach the honesty, integrity, virtue, or reputation or expose the natural defect of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule." That law is so overbroad as to already violate the First Amendment. [The blogger] argued as much, especially because the truth is no defense to the charge that a publisher/writer exposed the natural defects of someone. See C.R.S. §18-13-105. However, the Tenth Circuit ultimately held that [the blogger] lacked standing to challenge the statute as a whole, and, to this day, a violation of Colorado's criminal libel statute carries a penalty of 12 to 18 months.

Still, the Tenth Circuit did uphold the blogger's right to sue for individual damage, overturning the federal district court's finding that the deputy DA was entitled to immunity from prosecution, because no reasonable law enforcement officer could have found that there was probable cause for the search warrant. Under established Tenth Circuit precedent, "parody and rhetorical hyperbole, which cannot reasonably be taken as stating actual fact, enjoys the full protection of the First Amendment and therefore cannot constitute the crime of criminal libel for purposes of a probable cause determination." On remand, the district court recently granted a summary judgment for personal liability against the deputy DA.

The professor was not named in the suit, but he no longer teaches at UNC, and we can only hope that this story follows him wherever he goes.

Here is a list of states, not including my own beloved Texas, with criminal libel statutes. Many of them include some element of a defamation so shocking as to provoke a breach of the peace.