Psycho-Babble Administration | about the operation of this site | Framed
This thread | Show all | Post follow-up | Start new thread | List of forums | Search | FAQ

Re: clarification » NikkiT2

Posted by crushedout on August 3, 2005, at 14:33:06

In reply to Re: clarification » crushedout, posted by NikkiT2 on August 3, 2005, at 14:26:15


Do you mean the First Amendment? Would it apply to sites not hosted in the U.S.?

It's a good question -- I'm not sure. I think it would apply to any lawsuit that was brought in a U.S. court, certainly. U.S. courts generally apply U.S. law. It's possible, though, that the court would throw the case out for lack of jurisdiction if the host was not in the U.S., in which case it would never reach the question of whether the First Amendment applies to the host.

As to whether the poster is outside of the jurisdiction, that I don't think would matter. The poster could still be tried under U.S. law (assuming the poster published something in a U.S. publication, whether it be online or on paper). The issue then is whether the court can get *personal* jurisdiction over the poster. That may require the poster to come onto U.S. territory. Or sometimes trials have been held in absentia, but I think that's very rare and maybe only for criminal cases.

We're getting into pretty hairy procedural issues here, that are difficult to explain and probably a bit out of my area of expertise. I'm happy to share my thoughts but please don't sue me for malpractice!

Oh, man, what have I gotten myself into? ;-)


Share
Tweet  

Thread

 

Post a new follow-up

Your message only Include above post


Notify the administrators

They will then review this post with the posting guidelines in mind.

To contact them about something other than this post, please use this form instead.

 

Start a new thread

 
Google
dr-bob.org www
Search options and examples
[amazon] for
in

This thread | Show all | Post follow-up | Start new thread | FAQ
Psycho-Babble Administration | Framed

poster:crushedout thread:531449
URL: http://www.dr-bob.org/babble/admin/20050728/msgs/537115.html