Technology has been advancing so quickly in just the past few years that the law is still struggling to keep up, but the law is successfully keeping pace, at least in some areas.
Dr. Rosalind Griffin recently demonstrated what appears to be a lack of understanding of both defamation law and how the Internet works when she filed an ethics complaint against an attorney, Steven Gursten, for allegedly writing defamatory statements about her on his blog. She demanded that the ethics commission intercede and force Gursten to remove his blog post even though she didn’t file a slander suit and would never likely be able to obtain such a prior restraint on speech through a court action. Griffin instead opted to use an ethics charge to block speech.
Gursten wrote that Dr. Griffin had testified in court that his client had told her things that directly contradicted what Gursten’s client said in Dr. Griffin’s recorded medical examination. The blog post Gursten wrote according to Dr. Griffin implied Dr. Griffin’s conduct constituted perjury and a serious abuse of her position as an insurance medical examiner. Continue reading ›