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San Francisco -- Two professors from the City College
of San Francisco have agreed to pay $10,000 in attorney's fees
and drop their year-old defamation lawsuit against the operator
of a Web site that posts anonymous reviews of teachers.
English Professor Daniel Curzon Brown filed the case last
October citing vicious attacks on teachers that appeared on the
teacherreview.com Web site.
But yesterday Curzon Brown, who in May was joined in the suit
by physics Professor David Wall, said the two could not afford
to continue the fight. Attorneys representing Ryan Lathouwers,
the 27-year-old former computer science student who started the
site in 1997, had planned to petition for a dismissal of the
suit at a hearing scheduled for today. They were also expected
to ask for attorneys' fees in excess of $100,000.
``We couldn't take the risk,'' Curzon Brown said. ``The law
protects the stuff on the Internet that it doesn't in all other
places. It allows libel and homophobic hate speech. It is open
season on teachers.''
The American Civil Liberties Union and Internet experts have
lined up with Lathouwers, contending that the site is protected
by the First Amendment and that Congress has given Internet
service providers immunity from liability if they do not write
the material in question.
``What Congress wanted and what the Constitution demands is
that people have a lot of freedom to express their opinion on
the Internet and anywhere else,'' said Bernard Burk, who along
with the ACLU, represents Lathouwers.
Lathouwers, who posts the anonymous reviews and started the
site as a way for students to find classes best suited for them,
said he was relieved by the settlement.
``I feel that I've been vindicated for providing a forum for
students to express their opinions,'' he said. ``I was confident
that I was protected by free speech.''
But Curzon Brown and Wall did not believe the opinions posted
should be protected. They said anti- gay epithets and statements
such as, ``Curzon-Brown ... should get a life and be straight''
and ``Fortunately this creep will probably die of AIDS'' were
``outrageous, malicious and intentional.''
``At some point, the speech becomes actionable. It can cross
over the line, and we felt that this did,'' said the professors'
attorney Paul Kleven.
Burk said yesterday that because Lathouwers did not write the
material in question, his client was not liable for its content.
``It is absolutely a victory for free speech. It is an
important lesson about what happens to people who try and censor
things they don't agree with on the Internet,'' Burk said.
Curzon Brown originally filed the suit as a class action on
behalf of the campus's 1,750 teachers, asking for monetary
damages and an injunction to prohibit ``defamatory'' reviews
from being posted on the site. After his attorneys quit, he
dropped the class-action portion, and Wall joined the amended
suit in May.
Burk said the settlement includes a provision barring Curzon
Brown and Wall from filing similar suits against
teacherreview.com. They can be penalized $75,000 if they do so.
They also agreed to stop posting reviews of themselves on the
site, he said
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