Blogs

South Carolina Attorney General Threatens Craigslist With Criminal Prosecution Over User Content

A new sortie in the battle over craigslist's "erotic services" section came today when South Carolina Attorney General Henry McMaster sent a letter to craigslist CEO Jim Buckmaster threatening company management with "criminal investigation and pros

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FCC v. Fox: Rethinking the Regulation of Indecent Speech in a Time of Pervasive Media

Earlier this week the Supreme Court handed down its eagerly awaited decision in FCC v. Fox.  In a 5-4 vote, the Court rejected Fox's argument that the Federal Communication Commission had violated the Administrative Procedure Act (APA) by failing to give sufficient justification for its new policy banning "fleeting expletives" on broadcast radio and television.

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CMLP Launches New Page Devoted to Section 230 of the Communications Decency Act

The Citizen Media Law Project today launched a cool new page that aggregates everything on our site relating to section 230 of the Communications Decency Act ("Section 230"), the important federal statute that protects operators of websites and other interactive computer services from liability for publishing the statements of third-parties.  

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Blogger Wins $225,000 Settlement Over Public Records Delay

In a nice cautionary tale for government agents who refuse to take public records requests seriously, Washington state political blogger Stefan Sharkansky won a $225,000 settlement last week from a county government that took two years to comply with his request for information.  The settlement ended Sharkansky's lawsuit against King County over officials' improper delay in producing documents related to the state's 2004 gubernatorial election.

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Orlando Police Chief v. The First Amendment

There aren't too many elected officials in Flori-duh that I respect. Orlando Police Chief Val Demings, used to be one of the select few. She hasn't done a perfect job, and had a particularly embarrassing incident in which her gun was stolen. Nevertheless, my general impression of her has been that she is competent and ethical.

Not anymore.

Val Demings vs. the First Amendment

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Blogger Threatened Over Ballot Photo As 19th Century Laws Meet 21st Century Technology, Sensibility

As noted in the Documenting Your Vote section of CMLP's Legal Guide, several states have laws prohibiting voters from displaying their ballots to someone else.

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Restaurant Girl Parody Leads to Twitter Trademark Tussle

Celebrities and popular artists, like other public figures, face a tough road if they want to sue someone for making fun of them.  Many know that fair use places a high legal burden on authors and artists who bring copyright claims against those who parody them or their work.  Lesser known -- but equally important -- is that parodies receive strong protection against trademark<

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Blogger Invokes New Jersey Shield Law To Protect Sources

NJ.com reports that blogger Shellee Hale is asking a Monmouth County Superior Court judge to protect the identity of her anonymous sources, claiming that she is entitled to the same protection as a professional journalist.

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$12.5 Million Jury Verdict in Texas Internet Defamation Case

In February, a Texas jury awarded Orix Capital Markets, LLC $12.5 million in damages in a defamation case involving statements published on the cleverly named "gripe site" Predatorix.com.

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StubHub Unsuccesfully Invokes Section 230 Defense in Lawsuit by New England Patriots

Back in November 2006, the New England Patriots went on the offense and filed a lawsuit against StubHub Inc., one of the largest online ticket resellers, claiming that the company encourages fans to violate Massachusetts' anti-scalping laws and the team's prohibition against reselling tickets.  The lawsuit, filed in Suffolk Superior Court, also named as defendants two local residents and 50 "John Does," who allegedly resold the

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Whatever Happened to Playing Fair?

A few recent intellectual property disputes have highlighted the fact that the decision to pursue legal action is both a legal and a moral choice.  While concepts such as "fair use" help to ensure protection of both intellectual property rights while promoting creative expression, they can't replace a simple concept we all learned in kindergarten:  "treat others the way you’d like them to treat you."

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Speed Skater's Mom Sues Google Over Dead Blogger's Post

Earlier this month, Cherie Davis, mother of 2006 gold medal winner Shani Davis, the first African American speed skater to make the U.S. Olympic team, sued Google, Inc. in Illinois state court, seeking an injunction requiring the company to take down a blog post written by deceased sports blogger Sean Healy.

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Goldman Sachs Tries To Bully Blogger

chad-parke-demand-to-gs666 Michael Morgan is a Florida blogger who is a little bit upset with Goldman Sachs and its business practices.

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South Carolina Court Awards $1.8 Million Libel Judgment Against Blogger

The Sun News reports that a South Carolina state court has awarded Scott Brandon $1.8 million in damages for defamation arising out of statements published on the Myrtle Beach Insider blog.

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First Circuit Webcasting Argument Stems From Long History of Rules on Cameras in Courts

On Wednesday, April 8, the First Circuit Court of Appeals in Boston heard oral argument (mp3) on whether a trial of a Boston University student sued for music downloading, Sony BMG Music v. Tenenbaum, should be allowed to be webcast live. Federal district judge Nancy Gertner had agreed to allow the webcast, but the recording industry plaintiffs appealed.

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Introducing Guest Blogger Eric Robinson

I'm excited to welcome Eric Robinson, a noted media and First Amendment lawyer, as a guest blogger. Eric is a Staff Attorney at the Media Law Resource Center, a nonprofit information clearinghouse which monitors and promotes First Amendment rights in libel, privacy, and related fields of law.

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FOIA Ombudsman Moves One Step Closer to Reality

Last month, we reported that President Obama had begun making good on his promise of reinvigorating the federal Freedom of Information Act ("FOIA").  One of the first tangible steps involved Attorney General Eric Holder instructing government a

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