JEFFREY J. UPTON
October 29, 2003
Author and Publisher of “Eschaton” Weblog
This firm represents Donald L. Luskin, a Contributing Editor to National Review Online and author and host of Poorandstupid.com, among other activities. You recently linked to Mr. Luskin’s October 7, 2003, posting on his website entitled “Face To Face With Evil,” in which he chronicles his attendance at a lecture and book signing presented by Paul Krugman. You chose the unfortunate caption “Diary of a Stalker” for your link. More importantly, your readers, in responding to your invitation to comment, have posted numerous libelous statements regarding Mr. Luskin. Picking up on the theme you introduced, several have made false assertions that Mr. Luskin has committed the crime of stalking. Such a statement constitutes libel per se, an actionable tort subjecting both the author and the publisher to liability for both actual and punitive damages. As a result of your control over and participation in the comment section of your site, as well as the fact that Mr. Luskin has personally brought these libelous comments to your attention already, you face personal liability for their distribution. Determining your identity for the purpose of making service of process can be easily accomplished through a subpoena to Blogspot.com.
Other posters have made similarly actionable statements, straying beyond mere expressions of opinion and making false and defamatory statements of alleged fact. One has even threatened physical violence. To permit these posts to remain on your web site would be utterly reckless.
Mr. Luskin demands that you remove the October 7th link and caption, and the comments section associated with that caption, as well as the comments posted in response to another link that you posted on October 10th, titled “Liberal Incivility Watch,” immediately. This is your opportunity to resolve this matter without legal expense and exposure to liability and damages. If the offending posts are not removed within 72 hours, further legal action will be taken.
Jeffrey J. Upton