In Defamation Case, Court Avoids Internet "Republication" Issue

A closely divided appellate panel in upstate New York upheld dismissal of a defamation action against the state in a ruling that leaves unresolved the question of whether modification of a Web site where an offending report is posted constitutes republication. All five judges rejected the contention that the continuous violation doctrine can be employed to revive the statute of limitations each time a Web site is accessed.