Craigslist Rant Ends in Rare Criminal Charges

Dec. 2, 2008— -- A Colorado man accused of posting comments about his ex-girlfriend on the Web site Craigslist has been charged under a rarely used criminal libel law.

J.P. Weichel faces up to 18 months in prison if convicted for unflattering statements he allegedly posted in Craigslist's "rants and raves" section.

Colorado's criminal libel law, passed in 1963, bans statements "tending to blacken the memory of one who is dead" or that "impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive."

Although similar laws, which trace their roots back to at least the 15th century, are on the books in at least 16 states, they are rarely used and many others have been struck down as unconstitutional. A study by the Media Law Resource Center found 77 reported actual or threatened criminal libel prosecutions between 1965 and 2002, although the actual number is likely higher.

But observers say there has been a rise in criminal libel cases since late 1990s, many of them tied to the easy access and false sense of anonymity of the Internet. In 2008, at least 13 such cases have been brought, in such states as Wisconsin, Colorado, Minnesota, Florida, Louisiana, Montana and Oklahoma, according to the center.

"Many people convince themselves it's anonymous," said Sandra Baron, the director of the Media Law Resource Center, who said criminal libel laws should be abolished. "And, of course, the reach of the Internet is such that once it's out there, it's so widespread and so provocative that it inspires people to want to take action to stop it."

The case against Weichel began when his former lover reported postings about her to the police. Court records cited by The Associated Press say one Web post allegedly written by Weichel suggested the woman traded sexual acts for legal services from her attorney.

When confronted by detectives, Weichel allegedly said he was "just venting," according to the AP.

Weichel, who has not yet entered a plea in the case, could not be immediately reached for comment. His lawyer declined to comment. He was charged in October, and a court hearing is scheduled for later this month. Web sites like Craigslist are generally not legally liable for comments posted by their users.

Most libel cases are civil lawsuits and criminal charges for false statements are rare.

There have been several controversial criminal libel prosecutions in the past several years. A college student in Colorado was investigated under the law in 2004 for publishing a satirical online journal that was critical of the University of Northern Colorado. Prosecutors eventually declined to file charges.