
Libel isn't a charge that's brought to court very often. Judges and juries are reluctant to take any action that may appear to infringe on one's right to free speech and freedom of expression. Still, deliberately trying to damage someone through misrepresentation in written form is a crime. The Colorado statute prohibits 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."
Forty-year old J.P. Weichel of Loveland, CO, is becoming intimately familiar with the statute since posting some unflattering statements and accusations about his ex-girlfriend on Craigslist's "rants and raves" section. The woman reported the postings to police. Larimer County District Attorney Larry Abrahamson filed charges against Mr. Weichel last month. Mr. Weichel explained that he was "just venting". His venting could earn him up to 18 months in jail.
Most libel cases are brought to civl court. The offended party tries to show financial damages due to misinformation being printed about them. Colorado and 16 other states have criminal libel laws on the books. They have been employed increasingly since the advent of the internet and the ability of anyone with access to it to publish anything they wish, for the world to see.
Some believe that Colorado's libel laws and those on the books in other states, go too far. However, publicly disparaging an individual, especially with false information, is an act of aggression. There are more forums for such hostile activities now than ever before. Perhaps the laws should be revisited, clarified and brought up to date, but the principal that unfairly assaulting someone with the written word is a form of force that should not be protected under the guise of freedom of expression is valid and needs to be upheld.