Eric P. Robinson's blog

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Sixth Circuit's 'Dirty' Decision Sends a Chill

Let's start with the following premise: thedirty.com is a tasteless website. In addition to a bit of celebrity gossip and paparazzi-type pictures, the site also invites anyone to post pictures – often revealing, embarrassing, or insulting – of others for comment by users and, sometimes, the site's proprietor.

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Judge Explains His Decision on Blogger to the Chicken Littles

Federal Judge Marco A. Hernandez got a lot of attention and cyberchatter late last year when he held that blogger Crystal Cox was not protected by Oregon's reporters' shield law, leading to a $2.5 million defamation verdict against her. See Obsidian Finance Group, LLC v. Cox, No. CV-11-57-H (D. Or. Nov. 30, 2011).

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A U.S. First: Juror Gets Jail in Fallout Over His 'Friending' of Defendant

At a recent presentation during which I reviewed a number of cases and court rule changes regarding juror use of social media and the Internet during trial, an audience member asked me why American courts appeared to be so lax in the face of such juror misbehavior, such as the Texas case in which a juror who sent a "friend" request to the defendant in a personal injury case

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See No Evil: Study Says Judges Don't Find Jurors Using Social Media

The Federal Judicial Center has released a study which concludes that "detected social media use by jurors is infrequent, and that most judges have taken steps to ensure jurors do not use social media in the courtroom," and implies that juror use of the Internet and social media during trial is not a growing problem.

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Bloggers and Shield Laws II: Now, You Can Worry

A few weeks ago, I wrote that bloggers should not be too concerned about a decision by a federal judge in Oregon that blogger Crystal Cox is not protected by Oregon's reporters' shield law in a defamation suit.

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Is It Enough to Tell Jurors Not to Tweet?

The Arkansas Supreme Court has reversed a murder conviction – and death sentence – in a case where one juror tweeted during trial, while another fell asleep. Both these problems, the court said, constituted juror misconduct requiring reversal and a new trial. Erickson Dimas-Martinez v. State, 2011 Ark. 515 (Dec. 8, 2011).

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No, the Sky is Not Falling: Explaining that Decision in Oregon

There's been a lot of buzz online (and now in the New York Times) about a decision by a federal judge in Oregon last week that held that blogger Crystal Co

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D.C. Courts Fight the Future in New Rule Limiting Electronic-Device Use in Courthouse

The Blog of the Legal Times reports that the Superior Court of the District of Columbia – the local trial court for the nation's capital – has issued a new administrative order regarding use of electronic devices in the courthouse.

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Federal Courts' Camera Experiment Rolls On

After a slow start, the latest experiment of video cameras in federal courtrooms, announced last October, appears to be finally starting to roll.

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He Tweets, He Misses! Court Blocks Gilbert Arenas's Preliminary Injunction

Basketball Wives: Los Angeles lives! And one of the reasons is an athlete's Twitter habit.

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New California Law Prohibits Jurors' Social Media Use

UPDATE: Two years after the law went into effect, California's Judicial Council recommended that the statute be repealed, saying that that the possibility of criminal sanctions actually impeded courts' inquiries into improper online activity by jurors. The criminal provisions were repealed in 2014, 2014 Cal. Laws chap. 99, although civil penalties remain.

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Cameras Roll in New Federal Court Experiment

It lacks the drama of the various flavors of "Law and Order" or the intrigue of a John Grisham novel. But the video of a July 21 hearing on the plaintiff's request for a preliminary injunction in Gauck v. Karamian, Civil No.

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FTC Looks to Revise Online Advertising Guide

Eighteen months after the Federal Trade Commission revised its "Guides Concerning the Use of Endorsements and Testimonials in Advertising," including revision of rules regarding product and service endorsements by bloggers and other social media contributors, the agency has announced that it is planning to revise its

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Banned in (Much of) Britain, and Beyond?

Social media are abuzz about English Premier League footballer ("soccer player" to us Yanks) Ryan Giggs, who has obtained an order from a British court requiring Twitter to reveal the identity of various tweeters who identified him as having had an affair with model and Big Brother contestant Imogen Thomas.

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Can CAN SPAM Apply to Social Media? Yes It Can.

The regulation of commercial speech on social media sites continues to increase. In late March, a federal court in California held that Facebook postings fit within the definition of "commercial electronic mail message" under the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act;" 15 U.S.C. § 7701, et seq.).

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A Fine Day for FTC's Blogger Rules

The Federal Trade Commission has announced the first monetary penalty under its "Guides Concerning the Use of Endorsements and Testimonials in Advertising": a $250,000 settlement with a company that sells guitar lessons on DVDs.

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U.K. Extends Consumer Disclosure Laws Online, As In U.S.

The Office of Fair Trading, the British equivalent of the United States Federal Trade Commission, has determined that the hiring of bloggers and other social media contributors to promote particular products without adequate disclosure of the relationship may violate U.K. consumer protection laws. Handpicked Media Ltd (Handpicked Media), Case Ref. CRE-E-25932 (OFT Dec. 13, 2010).

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