Craigslist Rant Prompts Criminal Libel Charges

A Colorado man who reportedly bashed his ex-girlfriend and her lawyer on Craigslist now has the unusual distinction of being charged with criminal libel.

The rarely used charges stem from posts that J.P. Weichel is alleged to have authored on the popular site's "rants and raves" section last December, ABC News reports.

According to the broadcaster, Colorado's criminal libel law bars statements "tending to blacken the memory of one who is dead" or that "impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive."

At least 16 states have similar laws. But they aren't often dusted off. And when they are, many have been struck down as unconstitutional.

This, however, is the second such prosecution in Colorado in the last few months, and free speech advocates are sounding alarm bells.

In November, Robert Ezekiel Tafoya was charged with criminal libel for allegedly doctoring photos of a woman to depict her in a "compromising position," the Pueblo Chieftain reported.

And in late October, a Wisconsin woman was convicted of criminal defamation for sending a false e-mail to school officials alleging that a local teacher was having sex with her students and videotaping it. The accused teacher was put on leave while the false allegations were investigated, the Reporters Committee for Freedom of the Press reports.

Weichel's was charged after his ex-girlfriend reported postings to police. Weichel, who told police that he was just venting, suggested online that the woman traded sexual favors for legal services, the Associated Press reports.

Thomas Kelly, a First Amendment lawyer in Denver, is one of the critics of criminal libel quoted in the ABC piece.

"Criminal libel is just an anachronism," he said. "Using the criminal law to punish speech is just such an ugly display of the power of the state that I think most law enforcement officers would tell someone with a complaint like that to file a civil action."