George Herbert wrote:
On Jan 3, 2008 6:06 PM, Nathan nawrich@gmail.com wrote:
I would say that his opinion of what constitutes a legal threat should bear some significant weight even if, as you say, its outside his area of responsibility as counsel (which is not for you or I to determine, but the Board in consultation with Mike).
I disagree; Mike defines what a legal *issue* is (in terms of, how credible a threat is, or whether a complaint or claim filed has merit legally), but NLT is an on-wiki behavior policy, not a legal policy.
One thing to keep in mind is that we have a lot of edgy people around here who are willing to read any statement in its worst light. The line between threat, warning and friendly advice is often in the eye of the beholder. Wording that seems benign to the person giving the warning can too easily seem like intimidation to the person being warned. If it comes in the middle of an unrelated dispute it only exacerbates the problem. It also makes things worse when the warning is rooted in a misconception of the law or a too broad reading of the law.
Ec