STATEMENT FROM JUICYCAMPUS.COM
March 26, 2008 (Los Angeles, CA) - JuicyCampus is a gossip website. We do not make any representations as to the truth or accuracy of any information posted on the Site, and in fact we expressly disclaim any such representations. Specifically, our terms and conditions clearly state that we do not screen content on the Site, and by using the Site, users agree that we have no obligation to do so. Furthermore, we do not charge users to access, read or post on our Site.
JuicyCampus has not violated any laws. JuicyCampus is immune under federal law for liability arising from statements made by others. The Attorneys General of New Jersey and Connecticut, who apparently are not fans of the Site, know this and are instead taking the position that by asking our users not to post content that is unlawful, abusive or defamatory, among other things, we are somehow required to remove posts that may fall into those categories. They contend that by failing to do so, we have defrauded our users. By that reasoning, we would be better off if we eliminated our terms and conditions altogether, rather than face liability for not enforcing them according to some unspecified standard. This is obviously an absurd result, and should cause concern to the many website operators whose terms and conditions include standards for user conduct or civility.
The position taken by the Attorneys General that website operators can be liable for failing to censor potentially defamatory, mean-spirited and uncivil postings has been rejected by Congress and by dozens of courts that have considered the issue, including those in New Jersey, where an appeals court has said that Federal immunity "continues to apply even if the self-policing effort is unsuccessful or not even attempted."
Juicy Campus cannot be held liable for the manner in which it enforces its terms and conditions, or by failing do so in accordance with undefined standards that the state or federal government would like to impose. We consider the Attorneys General’s conduct to constitute a heavy-handed attempt to ignore the clear direction established by Congress and the Courts and interfere with the free-speech rights of our users. We hope people will contact the Attorneys General of New Jersey and Connecticut to protest this waste of government resources.
Wednesday, March 26, 2008
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