I’ve been wondering about how ‘linking’ fits into defamation law for a while, and I’ve just stumbled across this story by the Reporters Committee for the Freedom of the Press (RCFP):
A federal bankruptcy court in Texas became one of the first to find that individuals can be held liable for linking to defamatory blog posts earlier this year.
The court in In re Perry held that an individual’s e-mail opened him up to a defamation claim even though he did not author any of the inflammatory postings himself.