A man was arrested in Pueblo the other day and charged with criminal libel, apparently for using imaging software to graft the face of one woman onto the bodies of other women, then publishing them in some fashion on the Internet or via e-mail, and thereby ridiculing her and impeaching her reputation, according to Pueblo County District Attorney Bill Thiebaut, as reported in the Pueblo Chieftain on Nov. 3.
Regardless of the particulars of this case, it brings to light one of the worst laws on the books of any state in the nation, a law just about everyone in Colorado likely has violated at one time or another.
Colorado's Criminal Libel statute reads:
18-13-105. Criminal libel
(1) A person who shall knowingly publish or disseminate, either by written instrument, sign, pictures, or the like, any statement or object tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive, and thereby to expose him to public hatred, contempt, or ridicule, commits criminal libel.
(2) It shall be an affirmative defense that the publication was true, except libels tending to blacken the memory of the dead and libels tending to expose the natural defects of the living.
(3) Criminal libel is a class 6 felony.
Note that truth is not a defense (contrary to all U.S. Supreme Court case law on libel) if you blacken the memory of a dead person or expose the natural defects of the living.
Though the news stories about the Pueblo man say it is rare for anyone to be prosecuted under this law, at least three people have been arrested under it since 2004. In one case, the charges were dropped. In another, the man accused was convicted. The outcome of this latest case may take awhile.
But whatever the outcome, it raises questions about this law, which may be unconstitutional on its face because Section 2 bars truth as a defense in certain instances and because the language used in Section 1 is vague and overly broad. For example, try to draw the line with regard to "tending to blacken" -- it can't be done, and the law does not specify who is to make that judgment and according to what standard.
In addition, the law has no provision allowing for one section to be held unconstitutional without affecting the entire statute. If either Section 1 or Section 2 is unconstitutional, the whole law is.
So, what do you think?
Should people be convicted of felonies and sent to prison for knowingly publishing in some way false and defamatory material about others, or should the remedy be the traditional civil lawsuit?
How about when publishing the truth about dead people or living people with natural defects -- or should truth be the absolute defense it has always been in civil libel case law within the United States?
As you ponder your response, ask yourself if you have you ever published (by letter, e-mail, photo, etc.) something that could be considered a violation of the law?
Have a nice day!
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11 comments:
People really should be arrested for publishing something false. Look at some of the magazines and newspapers you find in the checkout lines of grocery stores, they write false stories all the time and you never see them getting arrested for publishing false stories. I think that if these people aren't getting arrested for publishing false stories, no one should be arrested for publishing something false.
Paul Meyer MCCMN 101 11:00
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Wow I think if this law was exercised more heavily I would be in jail, along with half my classmates. This subject is very touchy because part of me wants to think “this is fair, if you lie about someone else you should be held accountable,” but I cannot help feeling hypocritical. I could not even begin to count how many times I have written a blog on Myspace that contained false statements about someone else. Or how many times I have used Photoshop to adjust a picture of others.
I think that there are a lot of loop holes that involve this law because if a man from Pueblo is being arrested why aren’t the top gossip bloggers or tabloid magazine editors being arrested? Maybe it is a law that is made to apply only when society wants it to.
Megan Kane
MC 101 9:30a.m
I think that this law is rediculous. I am not a mean or hateful person but I know I have done things (even if as a joke) that would violate this law. On the other hand, if someone posted a picture of me that was altered I might feel differently. I don't however, think that saving a moment of humiliation on my part would be worth feeling like my rights are being taken away. I believe that it makes the person doing the "crime" look just as bad as the person violated and should be a personal choice. If someone wants to act in a hateful manner that is their choice, the government should not interfere and assist the reputation of people dead or alive.
Megan Moran MCCNM 101 9:30
This is one of the most rediculous law that has ever been made or pasted. Seriously does the people that makes these laws have nothing better to do with their time because it seems like that over and over again. Like in the story earlier you can't blacken a dead person it is impossible so therefore this law is not saving anyone elses life. Maybe the lawmakers should take a long hard look into something of more importantence like domestic violence or other acts of criminal behavior not blacken the memory of a person that has passed on. So in conclusion this law is doing nothing for our society
The problem with the it is that there are too many ways it can be seen. Yes people who publish false things should be punished. I don't know if a federal offense is exactly fair, but punishment is definitely needed. The vagueness of the law though, shouldn't be criticized. The constitution of America is vague for the reason that circumstances change. Personally I think we should leave it up to the courts to decide the difference between libel and the truth.
Though it is always frowned upon to publish false information i still feel that a civil lawsuit would solve the problem. But if we are going to start arresting people for publishing false stories I think that we should take a serious look at half of our news stories today, which usually have a different fact or twist in most of the stories we hear or read about. By arresting people for false information I feel that we are violating their American right to have freedom of speech. A person is going to believe what he or she wants and that should not be taken out on the distributor!
I think this law is completley obsurd for somebody to go to jail for switching a few things around and maybe miss representing somebody. it happins all the time in the media. there are much more important things the law could be inforcing. this law should be thrown away it serves no perpuse
I am guilty. I have posted false information in the form of pictures. Although they were jokes, such as giving my friend giant crab claws for arms(inside joke), and adding a fake guitar in place of a tennis racket for another friend. I honestly believe that this law is somewhat nonsensical, but it is in place for a reason... But I do think that it should be looked over and applied to more serious violations, such as corrupting images that can incriminate a person or persons. It just doesn't make sense to throw a man in jail for basically making fun of someone...just my opinion.
The phrasing is interesting too. "Blacken the memory of the dead", it sounds archaic and highly abstract. It could be up to an infinite amount of interpretation which seems to make it quite dangerous. Not to mention the fact that getting charged with a felony for using photo manipulation software seems to be based more around some kind of subtle religious reverence than reality.
Raziel Scher MCCNM 101 11:00
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