Which Was Dumber–Trash-Talking Tweeting, Or The Decision To Prosecute For It?
Robert Metzinger made the following four tweets during the 2013 World Series in St. Louis: Going to be tailgating with a #PressureCooker during games 3-4-5 in #STL during #WorldSeries. #STLStrong #GoCards #postseason from Springfield, MO. Putting my loft up for…
Catching Up on Section 230 Cases From the Past 18 Months
I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…
Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google
Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…
Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst
We don’t have a “right to be forgotten” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those workarounds are destined to fail. Lorraine Martin was arrested in…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…
Chicago State University Professors Fight Back Against University’s Efforts To Shut Down Their Blog (Guest Blog Post)
By Guest Blogger Stephen F. Diamond Earlier this month, two faculty activists at Chicago State University (CSU) prevailed against a motion to dismiss a lawsuit they had filed in federal court against CSU’s President, Vice President of Labor and Legal…
No Personal Jurisdiction Over Nasty Facebook Post–Burdick v. Superior Court
Let me see if I can sum up all of my knowledge about Internet jurisdiction in a few pithy bullet points: * Motions to dismiss for lack of personal jurisdiction often lose, so why should we get too wrapped up…
Police Officer’s Facebook Post Criticizing Chief’s Budget Decision Justified Termination–Graziosi v. Greenville
This is an appeal involving a police officer who was fired for criticizing the chief and a budget decision he made. Specifically, the chief decided to not make available official transport so that officers could travel to attend the funeral…
Another Failed Doctor Lawsuit Against a Patient For Online Reviews–Brandner v. Molonguet
This is another lawsuit by a doctor over a patient’s negative online reviews. Dr. Brandner is an oral surgeon in Louisiana. In 2005, he treated Molonguet. Molonguet protested Brandner’s fees, but a court ruled for Brandner. In response to that…
Robert Half Can’t Stop Former Employees From Telling The World Where They Used To Work (Forbes Cross-Post)
As the saying goes, a business’ most important asset is its people. That maxim applies with extra force in the staffing industry, where people literally are its business. Perhaps that explains why Robert Half, a leading staffing company, uses an…