Another Case Says No Liability for Linking to Allegedly Defamatory Content, Plus a Recap (Guest Blog Post)
Vazquez v. Buhl, 2012 WL 3641581 (Conn. Super. July 17, 2012) [Eric’s Note: Sam Bayard is an associate at Davis Wright Tremaine LLP in New York. I got to know him during his stint at the Citizen Media Law Project….
We’ve Filed a Request to Publish Redmond v. Gawker Media
By Eric Goldman My RA Sruli Yellin and I wrote a letter requesting that the California Appellate Court publish its opinion in Redmond v. Gawker Media, the recent case that said Gizmodo’s hyperlinks to its sources helped defeat a defamation…
Sixth Circuit Affirms Conviction for Threat Posted to YouTube – US v. Jeffries
[Post by Venkat Balasubramani with a comment from Eric] US v. Jeffries, 2012 WL 3641639 (6th Cir.; Aug. 27, 2012) We blogged previously about US v. Jeffries, where the district court declined to dismiss an indictment for posting an allegedly…
Ranking of “Dirtiest Hotels” Based on User Ratings is “Unverifiable Rhetorical Hyperbole”–Seaton v. TripAdvisor (Partial Forbes Cross-Post)
By Eric Goldman [This is another situation where I’m posting the first draft of this post here and linking to the Forbes version, which reads a little differently. As always, I welcome feedback about which version you liked better.] Seaton…
Using Links as Citations Helps Gizmodo Defeat a Defamation Claim–Redmond v. Gawker Media
By Eric Goldman Redmond v. Gawker Media LLC, 2012 WL 3243507 (Cal. App. Ct. August 10, 2012) Gizmodo.com published an article, Smoke & Mirrors: The Greatest Scam in Tech, about Redmond’s venture, Peep Telephony. In addition to using the word…
The Newest Olympic Sport: Evasion of Geolocation (Guest Blog Post)
By Guest Blogger Marketa Trimble The Olympic Games can be credited for spreading awareness about and generating excitement for sports that might otherwise be unknown in various parts of the world. The global promotion of sports is one of the…
Online Kevorkian’s First Amendment Challenge to Assisted Suicide Convictions Unsuccessful -– State v. Melchert-Dinkel
[Post by Venkat Balasubramani, with comments from Eric] State v. Melchert-Dinkel, A11-0987 (Minn. Ct. App.; July 17, 2012) The State of Minnesota prosecuted a Minnesota nurse for engaging in Internet conversations with people who were contemplating suicide. The individuals who…
Backpage Gets Important 47 USC 230 Win Against Washington Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More)
By Eric Goldman [I’ve added some bonus content to the end of this Forbes cross-post] In 1996, Congress enacted a powerful statutory immunity for user-generated content, located at 47 U.S.C. 230 (“Section 230”). Section 230 says that websites aren’t liable…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
H1 2012 Quick Links, Part 5 (Consumer Reviews, Content Regulation, Miscellaneous)
By Eric Goldman [This is the last of the quick links for now. Hope you’ve enjoyed them!] Consumer Reviews * Deeply troubling development: Vacation rental companies are inserting non-disparagement clauses into their contracts to suppress negative online reviews. * Ascentive,…