Blogs

Pennsylvania's Upcoming Right-To-Know Law

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Here at the Citizen Media Law Project we recently finished the fourth major section of our Legal Guide on Access to Government Information.

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Oregon Claims Copyright in Its Statutes -- Well, Sort Of

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Just last week, I was ruminating on the viability of state claims of copyright in government records. At the time, I was pretty confident that a state wouldn't be crazy enough to claim copyright in its own statutes, both because caselaw suggests this would be legally invalid and because it would be shoddy public policy.

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The Smoking Gun Does the Dirty Work, Finds the Gems Others Miss

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The New York Times just ran a fascinating article on The Smoking Gun, a website dedicated to providing "documents--cool, confidential, quirky--that can't be found elsewhere on the Web." The three-person investigative shop in mid-town Manhattan consistently finds -- and publishes -- court documents, government records, and other esoterica that it finds through

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Church of Scientology Threatens Wikileaks Over Publication of Church "Bibles"

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Wikileaks, which purports to provide an "uncensorable Wikipedia for untraceable mass document leaking and analysis," is back in the news as it faces a new legal threat from the Church of Scientology.

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Rowling v. RDR Books: Harry Potter Lexicon Trial Starts Today

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The trial in Rowling v. RDR Books starts today in the United States District Court for the Southern District of New York. The New York Times reports that Rowling herself will take the witness stand.

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Blogger Kathleen Seidel Fights Subpoena Seeking Information About Vaccine Litigation

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We've been following the subpoena issued to Kathleen Seidel in the Citizen Media Law Project's Legal Threats Database, but thought it was time to throw our support behind Seidel and post about this egregious attempt to chill online speech.

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Perez Hilton Sues Fellow Gossip-Blogger For Defamation Over Alleged Sex Tapes

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Earlier this week, Perez Hilton sued fellow gossip-blogger Jonathan Jaxson for libel, slander, invasion of privacy, harassment, and intentional infliction of emotional distress. Jaxson, the former publicist for the Backstreet Boys whose real name is Jonathan Wayne Lewandowski, operates a blog called JJ's Dirt that feeds the public's apparently unlimited hunger for celebrity gossip.

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Internet Solutions v. Marshall: Internet Defamation Case Dismissed for Lack of Personal Jurisdiction

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A quick update on the Internet Solutions v. Marshall case, which I've blogged about at length previously. This case is significant to us because Tabatha Marshall, the defendant, was the first user of our website to submit information about her case through our threat entry form.

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What Were They Thinking?

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As reported by the Trademark Blog, Woody Allen is suing American Apparel for misappropriation of his name and likeness. Admittedly, it's not the heartland of citizen media, but it is a simple lesson on exactly what not to do with celebrity images. 

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Roommates.com - Just How Big A Hole Did the Ninth Circuit Poke in CDA 230?

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By now you've heard that the Ninth Circuit, sitting en banc, reaffirmed the previous Roommates.com decision.

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T-Mobile Asks Engadget to Stop Using the Color Magenta

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I was sure that this was an April Fool's joke. But alas, it's true. Deutsche Telekom, the parent company of T-Mobile, sent Engadget a letter a few weeks ago, requesting that the popular tech blog stop using the color magenta in the logo for its Engadget Mobile news blog. Here are the two logos side-by-side (courtesy of Engadget):

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CMLP Launches New Legal Guide Section on Access to Government Information

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Back in January, we began rolling out the Citizen Media Law Project's Legal Guide.

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TechCrunch Sues Facebook for $25 Million!!

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Breaking news -- TechCrunch founder Michael Arrington is suing Facebook for unauthorized use of his name and likeness. In apparent disregard of the tech blogger's publicity rights, the social networking giant has been allowing advertisers to post ads on user profiles using Arrington's picture and name to endorse their products without permission.

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N.H. Court Holds Right of Publicity Claim Not Barred by Communications Decency Act

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In what appears to be the first case of its kind, a federal court in New Hampshire has ruled that the immunity provisions in section 230 of the Communications Decency Act (CDA 230) do not bar a state law claim for a violation of a person's "right of publicity." In so holding, the court expressly disagreed with the Ninth Circuit's decision in Perfect 10 v. CCBill LLC, which held that CDA 230 exempts only federal intellectual property law claims from its protections.

The case involves the typically disturbing facts that often arise in the CDA 230 context. The plaintiff, proceeding pseudonymously, sued defendant Friendfinder Network, which operates a number of websites, including “AdultFriendFinder.com” that bills itself as “the World’s Largest SEX and SWINGER Personal Community.” To participate, users register by entering a variety of personal information, creating online profiles that can be viewed by other members of the community.

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A Tale of Two Prisoners

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This week, a judge ruled that Allan Parmelee, an inmate at the McNeil Island Corrections Center in Washington state, can continue to request public records under the state Public Records Act. According to the Associated Press, Parmelee has requested hundreds of public records about the state troopers, prosecutors, judges, prison guards, and others who incarcerated him for firebombing two cars.

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Heading to L.A. for Media Re:public Forum

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I'll be quiet for a few days because I'm off to Los Angeles for a forum organized by Media Re:public, a Berkman Center project that examines the current and potential impact of participatory news media.

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Highlights from the Legal Guide: Liability for the Use of Recording Devices

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This is the seventh in a series of posts calling attention to topics we cover in the Citizen Media Legal Guide. In this post, we highlight the section on Recording Phone Calls, Conversations, Meetings and Hearings, which discusses federal and state laws relating to the use of recording equipment in specific private and semi-public settings.

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Court Rejects Wal-Mart's Bid to Silence Criticism Through Trademark Law

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Last Thursday, a federal court in Georgia handed down a big win for free speech when it ruled that Wal-Mart could not use trademark law to stop a critic from disseminating his virulently anti-Wal-Mart views over the Internet. From Public Citizen's press release:

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