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Kathleen Bruce <[log in to unmask]>
Thu, 18 Dec 1997 12:31:57 -0500
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Dear all, I have been a subscriber to this list for a long while, though I
am nomail a lot of the time ( as the discussion which centers on the
technical applications is often more advanced than I am prepared for at this
time), but I do have a question about list ownership that I hope you can
help me with.

I, and a colleague, currently manage a very large (almost 1700 subscribers)
list for professionals. The discussion centers on lactation and related
issues, and has mostly RNs, lactation consultants ( IBCLCs), nutritionists,
social scientists, pharmacists, and doctors on it.  It is very active, and
as you can imagine, there are many political issues that come up regularly
on the list.

Most of the time, people are very polite and sensitive. However, lately,
there is a feud going on. Two factions from another country (not the US), ie
two separate individuals representing two differing viewpoints, have joined,
and one recently made a comment saying that the second person's business, ie
a bookstore/catalog business, carried books that were not supportive, etc,
and the person who owns the bookstore feels attacked, and each of them has
written to me, asking me to *do* something. I have spoken to them and to the
list nicely, asking them all to cool their comments, and be polite and
respectful, although I have not issued any warnings formally. I have spoken
to the offender privately, urging her to behave professionally, and telling
her that if she or her adversary couldn't, that restrictions could be
placed, and her comments were as follows:

">And yes, of course you can deny me access from this address and this
>server. But were you to do so in what I considered an unreasonable,
>arbitrary, unjust or discriminatory manner, you can bet your bottom dollar
>that you wouldn't have heard the last of the matter! I really really wish
>you hadn't felt it necessary to make those statements re access. You must
>know that I won't be persuaded by threats now or ever. It ups the ante
>enormously to start wielding big sticks in discussion. And the whole thing
>surely is about persuasion.."

This person is known for sueing.  My question is this. Can a listowner be
sued for restricting someone's access to a public list? In this case, the
listowner lives in a different country than the person who is the aggravator.

Have you all dealt with this before? If so, any suggestions, to the list and
to me privately, would be of great help.  I feel threatened, and do not know
what is best to do in this situation.  As of this date, both parties have
told me that they are considering legal action, ....( one against the other
for her public redressing, and the other towards me and my co owner for
restricting her access to the list, should we decide to do that.)

Many thanks. Kathleen Bruce
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