UTAH -- A Milford teen spent seven days in a juvenile detention
center and was forced to leave the state after being charged with criminal
libel for statements he made on his personal Web site.
Ian Lake will face a misdemeanor charge of criminal libel for referring
to his principal as "the town drunk," naming girls at his high school as
"sluts" and making derogatory remarks about the intelligence of several
teachers.
In typical civil libel suits, if an individual is libeled that person
can only recover monetary damages from the person who defamed him or her.
In the rarely used criminal libel charge, the state can prosecute a person
for libel and impose jail time.
Stephen Clark, legal director for the Utah American Civil Liberties
Union, and one of the attorneys representing Lake, said the criminal libel
statute itself is unconstitutional and therefore the case should be thrown
out.
"As far as we can tell the Utah statute ... is facially overbroad because
it purports to criminalize perfectly legal constitutionally protected speech,"
Clark said.