Defamation

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Marc Randazza: First Amendment Juggernaut

My good friend Marc Randazza has given me the green light on an exciting piece of news. On September 11, 2008, Florida Circuit Court Judge George Sprinkle entered a default judgment in favor of Randazza's client Larry Giles, operator of the Veranda Park News, an online newspaper offering observations and commentary on events and aesthetic issues in Giles's development community. The court

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Florida

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Text

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Libel Tourism: A First Amendment Holiday

Over the past few months, I've blogged several times (see here and here) about the proposed federal Free Speech Protection Act of 2008, which would allow a federal court to enjoin the enforcement in the United States of a foreign libel judgment if the speech at issue would not constitute defamati

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International

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Print-on-Demand Service BookSurge Deemed Not To Be a "Publisher"

Back in July, a federal court in Maine ruled that BookSurge, a print-on-demand service owned by Amazon.com, was not liable for defamatory statements contained in a book it "published" on behalf of one of its clients. Sandler v. Calcagni, 2008 WL 2761892 (D. Me.

Jurisdiction:

Maine

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Cape Cod Blogger Peter Robbins Sued For Libel Over Comments About Local Dredging Dispute

Peter Robbins, author of the Robbins Report, a blog that appears on the popular community website Cape Cod Today, and an anonymous commenter have been sued over statements they made criticizing a group of Barnstable, MA residents who opposed the dredging of Barnstable Harbor. The case raises a host of interesting questions, including whether the statements at issue are protected

Jurisdiction:

Massachusetts

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New York Lawyer Sues Law Blogger for Reporting on Malpractice Lawsuit

Brooklyn attorney Marina Tylo filed a lawsuit against Andrew Lavoott Bluestone of the New York Attorney Malpractice Blog last week.

Jurisdiction:

New York

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Text

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Dog Track Drops Lawsuit, Leaving Blogger Relieved But Rattled

The Arizona Star reports that the Tucson Greyhound Park has dropped its defamation lawsuit against blogger Karyn Zoldan of the End Tucson Greyhound Racing website and blog. Both parties agreed to dismissal of the suit, but Zoldan did not pay anything in return for the settlement.

Jurisdiction:

Arizona

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Text

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Vegas Nightclub's Trademark Claims Against Blogger Likely a Bust

Privé Vegas, LLC and two of its owners sued Las Vegas-based blogger Michael Politz last week, alleging trademark infringement, dilution, and "disaparagement" under the Lanham Act, defamation, trade libel, tortious interference with business relations, and extortion.

Jurisdiction:

Nevada

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Illinois Appellate Court Raises Doubts About Constitutionality of Citizen Participation Act

An Illinois appellate court has tentatively concluded that Illinois' newly enacted Citizen Participation Act, which provides immunity for speech related to certain matters of government and public concern, violates the Illinois Constitution because it allows a party to appeal the denial of a motion to dismiss under the Act before the entire case has come to a conclusion.

Jurisdiction:

Illinois

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Texas Appeals Court Upholds Dismissal of Principal's Lawsuit Over Fake MySpace Page

Last week, the Fourth Court of Appeals in San Antonio, Texas upheld the trial court's dismissal of Clark High School vice-principal Anna Draker's lawsuit against two students and their parents over a fake MySpace profile. Benjamin Schreiber and Ryan Todd allegedly created a fake MySpace page for Draker in 2006, which contained her name, photo, place of employment, and explicit and graphic sexual references implying that she was a lesbian.

Jurisdiction:

Texas

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