Tucker Max is back, and now his antics are generating new law:
Bloggers cannot be hit with libel suits on the basis of anonymous postings on their Web sites because federal law grants them immunity by explicitly stating that they cannot be treated as the "publisher" of such comments, a federal judge has ruled.
In his 22-page opinion in DiMeo v. Max, U.S. District Judge Stewart Dalzell held that the pre-emption clause of Section 230 of the Communications Decency Act -- a provision that remains intact despite court rulings that struck down some of its key provisions -- effectively "overrides the traditional treatment of publishers under statutory and common law."
The opening paragraphs of Dalzell's opinion offer some jaw-dropping descriptions of the two colorful players in the case -- the blogger, Tucker Max, and the plaintiff, Anthony DiMeo III, the scion of a New Jersey blueberry farm owner who operates a publicity firm.
As Dalzell put it, "Tucker Max describes himself as an aspiring celebrity, 'drunk' and 'asshole' who uses his Web site, www.tuckermax.com, to 'share [his] adventures with the world.'"
Tucker Max is baaaa - aaack! You just have to click the link to read the rest of the story, don't you? Details here from The Legal Intelligencer via Law.com.
You can find all my posts about this preeminent ass-wipe here.