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From: mcb@lll-tis.arpa (Michael C. Berch)
Newsgroups: news.admin,misc.legal
Subject: Re: Responsibility for postings.
Message-ID: <21789@lll-tis.arpa>
Date: Wed, 21-Oct-87 16:29:31 EDT
Article-I.D.: lll-tis.21789
Posted: Wed Oct 21 16:29:31 1987
Date-Received: Sat, 24-Oct-87 06:30:17 EDT
References: <4611@videovax.Tek.COM> <2294@umn-cs.UUCP> <1606@dasys1.UUCP> <354@cascade.STANFORD.EDU> <4626@videovax.Tek.COM>
Reply-To: mcb@lll-tis.arpa (Michael C. Berch)
Followup-To: misc.legal
Organization: Lawrence Livermore National Laboratory, Livermore CA
Lines: 38
Summary: Waiving rights
Xref: mnetor news.admin:1215 misc.legal:3221

In article <4626@videovax.Tek.COM> stever@videovax.Tek.COM 
(Steven E. Rice, P.E.) writes:
> In article <354@cascade.STANFORD.EDU>, Greg Stevens
> (stevens@cascade.STANFORD.EDU) proposed an alternative solution:
> 
> > Why can't Usenet adopt a policy that anyone who avails themselves of
> > the services of this network implicitly relinquishes the right to
> > persue any legal activity concerning libel or slander?  . . .
> 
> A fundamental principle the courts hold is that you cannot voluntarily
> relinquish rights that are guaranteed by the Constitution or by law.
> For example, you are not legally bound if you sign an employment
> agreement which reads: [one-sided waiver of claims present and
> future against an employer] [...]
> 
> Agreeing to give up your right to sue for slander or libel would be
> an equally invalid agreement.

The specific waiver in Mr. Rice's article is undoubtedly invalid
as against public policy, but it is a utterly gross misstatement of 
the law to assert that "you cannot voluntarily relinquish rights that are
guaranteed by the Constitution or by law".  People do it all the time --
ranging from giving up the right to sue on a contract via an
arbitration clause; agreeing not to pursue various claims, defenses,
or methods of calculating damages via a liquidated damages clause;
agreeing to curtail your right of freedom of expression in connection
with proprietary or classified information; etc., etc.

I don't know if a general waiver of the right to sue for defamation
would stand up. Perhaps not. But most probably such a waiver included 
in a specific contract or transaction (say, in an agreement to have a 
biography or documentatory about your life produced) WOULD be enforceable. 
How this relates to Usenet is uncertain.  I am unaware of the case law in 
this specific area: can anyone cite a leading case?

Michael C. Berch 
ARPA: mcb@lll-tis.arpa
UUCP: {ames,ihnp4,lll-crg,lll-lcc,mordor}!lll-tis!mcb