Blogs

Preliminary Thoughts on GateHouse Media v. New York Times Company

Like a storm coming over the horizon, the recent lawsuit filed by GateHouse Media against the New York Times Company, which operates Boston.com, has thrown the CMLP into disarray just as we were preparing to depart to warmer climes for the holidays.

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GateHouse v NY Times Co.: Not So Simple After All

One of the most intriguing current media legal cases pits GateHouse Media, which owns a pile of newspapers in New England (and elsewhere) against the New York Times Co., owner of the Boston Globe and Boston.com. I’ve been looking at this from both sides’ perspectives, and this is not as simple as it looks on first glance.

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You Aren't as Free as You Think - Your Private Emails Can Land You in Jail

In the latest case involving the absurd and unconstitutional obscenity statutes, the Fourth Circuit has upheld a conviction of a man for mere private possession of allegedly obscene material. See United States v. Whorley, __F.3d__ (4th Cir. 2008). While the facts may not fit any conduct in which you might engage, the logic could very well ensnare you one day.

Read on. You should be outraged.

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Huffington Post Criticized For Copying Content

Wired/Epicenter alerts us to the controversy swirling around the Huffington Post's new Chicago edition.  Last week, Whet Moser of the Chicago Reader caught the Huffington Post using an entire Rea

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News and Information as Digital Media Come of Age

After a year of study, countless meetings, and at least two conferences, a team of researchers at the Berkman Center have released a series of papers exploring the potential and challenges of the emerging networked digital media environment (note: I played a small role in this work).  If you are sitting there thinking that this is a BIG topic rife with thorny questions about the future of journalism, you're right. 

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Cybersquatter Makes Good

The Bush library team seems as incompetent as . . . well, as incompetent as you would imagine anyone involved with such a project would be. They procured the domain name www.GeorgeWBushLibrary.com, then they forgot to renew the registration. It got picked up by a cybersquatter, Illuminati Karate.

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Patriot Act’s National Security Letter Gag Provisions Choke on First Amendment Grounds

The Second Circuit Court of Appeals struck down one of the most constitutionally repugnant provisions of the PATRIOT Act -- the portions of the Act that place recipients of so-called "national security letters" (NSLs) under a permanent, unreviewed, lifetime gag order. See Doe v. Mukasey, __ F.3d __ (2d. Cir. 2008).

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Blogger Pleads Guilty to Copyright Infringement for Leaking Songs from Guns N' Roses Album

Kevin Cogill, a blogger on Antiquiet, which provides "uncensored music reviews and interviews," pled guilty yesterday in federal court in Los Angeles to one count of misdemeanor criminal copyright infringement after he allegedly posted nine songs from the then unreleased Guns N' Roses album "Chi

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Federal Appeals Court Examines Two MySpace Student Speech Cases

The Wall Street Journal Law Blog and the Legal Intelligencer report that the Third Circuit Court of Appeals has before it two appeals testing the limits of school authority to punish student speech on the Internet.  The two cases have remarkably similar facts, but the trial courts that decided them came to completely opposite conclusions

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N.H. Supreme Court Rules that Porn is not Prostitution

The Supreme Court in the state where "Live Free or Die" adorns the license plates has answered the question "why can't producers of adult films be charged with prostitution?" The short answer -- because it would violate the First Amendment (or at least the New Hampshire Constitution's equivalent thereof). See New Hampshire v. Theriault, No. 2007-601 (N.H. Sup. Ct. Dec. 4, 2008). 

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Maryland High Court Hears Argument on Internet Anonymity

On Monday, the Maryland Court of Appeals heard oral argument in a case requiring it to decide what showing an aggrieved plaintiff must make before a court will order a website operator to reveal the identity of an anonymous commenter.  Paul Levy of Public Citizen argued the case for Independent Newspapers

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Internet and Politics 2008

Today and tomorrow, Sam and I will be participating in the Internet & Politics 2008 conference at Harvard which is focused on examining how digital technologies reshape the practice of campaigning and the movement of political information. It's a rather exceptional group of participants (both on the dais and off), including campaign strategists from the Obama and McCain campaigns, political activists and organizers, political analysts, members of the media, and academics.

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More Online Journalists Jailed Than Any Other Media Group

Online speakers are attracting more attention than ever from governments across the world, for good or for ill. According to the Committee to Protect Journalists (CPJ), more online journalists are currently imprisoned for their speech than journalists in print, broadcast, or other media.  The CPJ identified 125 journalists currently serving prison sentences, 45 percent of whom are bloggers, Web-based reporters, or online editors.

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Mystery Blogger Caught Up in First Amendment Flap

On Monday, the blog-hosting service Blogger took down a blog called "Jeffrey Denner's ineffective assistance of counsel" after Jeffrey Denner notified Blogger that a Massachusetts court had issued a restraining order prohibiting one Derrick Gillenwater from using the words "Jeffrey" or "Denner" or "Jeffrey Denner&qu

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Colorado Man Charged With Criminal Libel For Comments on Craigslist

The Loveland Connection is reporting that a Colorado man has been charged with two counts of criminal libel after allegedly posting comments about a former girlfriend and her lawyer on Craigslist.com's "Rants and Raves" section:

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Opening the Government, Starting with the Transition

I’m a signer of a letter on a new site called “An Open Transition,” where a group of folks led by Larry Lessig:

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The Role of Internet Intermediaries in Censoring Online Speech

Today I came across two excellent pieces touching on the role of intermediaries in censorship/regulation of online speech internationally:

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