Can bloggers be prosecuted for comments posted by others?

It's a question that is currently tied up in litigation.

From Capitol Hill Blue:
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The Wild West days of the Internet's digital frontier could be tamed, as bloggers await the outcome of a lawsuit in which one of their own was sued for comments posted on his Web log or "blog."

State College, Pa.-based blogger Aaron Wall was sued in August for defamation and revealing the trade secrets of Traffic-Power.com, a company that helps Web sites boost their rankings on search engines.

But the firm isn't taking Wall, 24, to court for what he said about them - but rather, for what readers of his blog posted as comments.

The case has raised the ire of bloggers across the Internet, outraged and fearful that companies that don't like what is written about them can sue.

"This kind of thing raises my dander," said Ian McAnerin, a consultant and blogger who founded a search engine industry group, Search Marketing Association North America. "The speed at which blogs are updated and comments can be made on them makes it very difficult to have editorial control," he added.

McAnerin said he expects more lawsuits like the one against Wall as the Internet and blogs become more commercial.

That worries what McAnerin calls "the little guy," individual bloggers without financial or corporate backing, such as Greg Jarboe. The Acton, Mass.-based blogger runs a search engine-focused marketing firm. "I have a blog, and I call them like I see them," said Jarboe. "I like to think it's my First Amendment right."

Not necessarily.
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