Web Victory for Dissatisfied Patients

It took over 5 years but one dissatisfied, legally-blind LASIK patient has successfully defended his right to host a website that publicizes his plight and identifies his surgeon.

Remember, Lady Justice is blindfolded!

Legal wonks can savor the full court decision.

Back in 2002 the surgeons claimed the website was defamatory and they threatened legal action. The host initially sanitized the website but subsequently reloaded it with clear documentation of the patient's claims. The doctors filed suit claiming that the initial removal of the website criticisms to avoid suit constituted an agreement never to mention their names on the Internet.

The Pennsylvania Superior Court in Philadelphia disagreed. According to the advocacy group Public Citizen:

Companies routinely threaten consumers and Internet hosting companies with libel, defamation or trademark infringement litigation in response to legitimate criticism. With a short deadline for compliance, consumers are often pressured into removing criticism from Web sites and censoring their speech to avoid costly and time-consuming litigation.

"This is another victory for consumers who use the Internet to criticize companies," said Paul Levy, the Public Citizen attorney who filed the appeal. "Free speech and consumer rights would be seriously endangered if the temporary removal of criticisms from a Web site could be construed as an 'agreement' not to say anything about the company in the future."

Caveat emptor? From now on the sign should read "Let both the Buyer and Seller Beware!"

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