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If You Don?t Have Something Nice to Say, Be Sure to Post It to the Net

By Eric L. Lipman

Is your right to due process of law implicated by the things that government officials write about you and post to agency websites?

Two different federal Circuit Courts of Appeal addressed this question this week and came to different results in their respective cases. How those two cases differed in their underlying facts, and the later results, raise interesting and important questions about due process.

Specifically, to what extent may a citizen challenge the accuracy of government claims of alleged misconduct, when those claims are not made in the context of either a prosecution or an administrative action against the citizen, but are nonetheless accessible to many (or everyone) through the Internet?

Because my summary of the two cases is slightly longer than my usual posts, my description (and a few additional thoughts) are accessible at this link here.

Full post as published by Within the Scope on November 07, 2008 (boomark / email).