RE: John Doe vs. John Doe: Virginia Court's Decision in Online 'John Doe' Case Hailed by Free-Speech Advocates

[Sandy Sandfort]

Jim wrote:

> What is the reason the civil statute exists?
> Because some 'damage' has occured.

Wrong.  Damages have always been contemplated under the common law tort
system.  There are numerous and complex reasons that some torts have also
been "criminalized."

> Ultimately the real question is:
>
> Is it constitutional to differentiate the
> rights with respect to speech between civil
> and criminal cases?

Sure, the Constitution is a document that outlines and limits the power of
the state over the individual.  The common law is the summation of the
rights and responsibilities as between individuals.  Apples & oranges.


 S a n d y