Reputation Management Lawsuit Is Shot Down–Bernard v. Donat

By Eric Goldman Bernard v. Donat, 2012 WL 525533 (N.D. Cal. Feb. 16, 2011). The Justia page. Donald Ray Bernard is an energy consultant, big game hunt tour operator, former lawyer and former law professor. His LinkedIn page. His Google…

Banning Sex Offenders from Social Networking Sites is Unconstitutional–Doe v. Jindal

By Eric Goldman Doe v. Jindal, 2012 WL 540100 (M.D. La. Feb. 16, 2012) Sex offenders–especially those who victimize children–are pariahs in our society. If it were possible, I bet many folks would favor blasting them off into space rather…

Posting Family Photos to Facebook With Snarky Comments Isn’t Harassment of Family Member — Olson v. LaBrie

[Post by Venkat Balasubramani with comments from Eric] Olson v. LaBrie, 2012 WL 426585 (Minn. App. Ct. Feb. 13, 2012) This case is what happens when a headline from The Onion comes to life. Aaron Olson sought a harassment restraining…

Employee Wins Harassment Claim Based in Part on Co-Workers’ Offsite Blog Posts–Espinoza v. Orange

By Eric Goldman Espinoza v. County of Orange, 2012 WL 420149 (Cal. App. Ct. February 9, 2012) Espinoza was born with an incomplete hand. In 1996, he started working for the county probations department. In 2006, a co-worker started two…

Comments on Twitter’s Country-by-Country Tweet Removal Announcement

By Venkat Balasubramani, with comments from Eric. Twitter recently announced its decision to censor tweets on a country-by-country basis. People were up in arms and planned a #twitterblackout. It was a big story last week. (Needless to say, I didn’t…

Newspaper Isn’t Liable for User Website Comment Per 47 USC 230–Delle v. Worcester T&G

By Eric Goldman Delle v. Worcester Telegram & Gazette Corp., 2011 WL 7090709 (Mass. Super. Ct. Sept. 14, 2011) I previously mentioned this ruling in a recent Quick Link, but I can write up a full post now that I’ve…

Federal Prosecution Over “Threats” on Craigslist – US v. Stock

[Post by Venkat Balasubramani] US v. Stock, Cr. No. 11-182 (W.D. Pa.; Jan. 23, 2012) I blogged about a case before where a defendant was charged under a federal threat statute of posting a threatening video to YouTube. (“Court Finds…

Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]

By Eric Goldman [This is one of the top dozen or so most important Internet law opinions of 2011, but unfortunately it came out just as I was going into my exam-grading exile and I had to put blogging it…

TheDirty Denied 47 USC 230 Immunity–Jones v. Dirty World

By Eric Goldman Jones v. Dirty World Entertainment Recordings, LLC, 2012 WL 70426 (E.D. Ky. Jan. 10, 2012). Prior blog post on this case. A Kentucky federal judge rejected 47 USC 230 immunity for thedirty.com for third-party content. It’s entirely…

Nov.-Dec. 2011 Quick Links, Part 1

By Eric Goldman 47 USC 230 * Wang v. OCZ Technology Group, Inc., 2011 WL 4903190 (N.D. Cal. Oct. 14, 2011). In a false advertising suit, the plaintiff argued that the defendant quoted/linked to third party testimonials on the defendant’s…