Facts: In 2008, J.P. Weichel was angry with his ex-girlfriend. In response to a conflict they had over visitation with a daughter they shared, Weichel complained anonymously online. Some of the comments that he made about his ex-girlfriend were crude and obscene; while other comments suggested that she was an unfit mother with a questionable sex life. Ultimately, the girlfriend informed the police who eventually traced the comments back to Weichel. Once it was revealed that Weichel was the poster of the comments, rather than the ex-girlfriend filing a civil charge of defamation, the local district attorney filed a criminal libel charge against Weichel. A conviction of criminal libel carries a punishment of up to 18 months in jail.
Issue: Are criminal libel laws such as the one that Weichel is charged with violating constitutional?
Rule: Criminal libel laws are not necessarily unconstitutional. In fact, criminal sanctions can be imposed on speech when a defendant’s remarks violate the public’s right to be free from violence or are threats that are likely to lead to violence (Beauharnais v. Illinois, 1952). However, in the absence of comments that cause or are likely to cause violence, in order for the issue of criminality to even be considered, the plaintiff must first show that the defendant’s remarks were made with “actual malice” (Garrison v. Louisiana, 1964).
Analysis: The criminal libel law that Weichel is accused of violating is indeed constitutional under the Supreme Court’s current jurisprudence. However, the fact that it is legal does not guarantee that the prosecutor will be able to successfully argue the case. In order for Weichel to be convicted, the prosecutor must prove that either Weichel’s comments caused or were likely to cause violence to his ex-girlfriend; or that they were made with actual malice, namely that he knew them the statements he made to be false.
Works Cited
Beauharnais v. Illinois, 343 U.S. 250. The Supreme Court of the United States. 1952. Web. https://supreme.justia.com/cases/federal/us/343/250/case.html
Garrison v. Louisiana, 379 U.S. 64. The Supreme Court of the United States. 1964. Web. https://supreme.justia.com/cases/federal/us/379/64/case.html
Riccardi, Nicholas. “Colorado man faces criminal charge in libel case.” Los Angeles Times. tecomm.com, 04 Dec. 2008. Web. 19 Mar. 2016. www.tecomm.com/criminallibel.html
