GA Supreme Court Fixes Overbroad Injunction Against Message Board Operator–Chan v. Ellis
…had others visit the website and report back to her about the commentary published there. Generally speaking, our stalking law forbids speech only to the extent that it is directed…
Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report
…didn’t mention exclusivity, so the court says that this checkbox gave Ripoff Report only a non-exclusive license to the review. Goren also tried the Blockbuster/Zappos argument that Ripoff Report’s terms…
Theater Employee’s Post-Termination Blogging Isn’t a Matter of “Public Concern”
…Talk Slides on Section 230, Anti-SLAPP Laws and Housing Anti-Discrimination Two More Cases Hold That Anti-SLAPP Laws Protect Consumer Reviews Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker…
It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Steiner
…only because the defendant defaulted. I’ll discuss the magistrate’s October 2014 report as approved by the court this month. The case involves a British blogger/journalist, Hotham, and a British organization…
Trial Court Doesn’t Unmask Parodist Twitterers
…Another Questionable IP Lawsuit Over a Derogatory Twitter Account Ripoff Report and Topix Postings Protected by California’s Anti-SLAPP Law–Chaker v. Mateo Which Was Dumber–Trash-Talking Tweeting, Or The Decision To Prosecute…
Top 10 Fair Use Cases of 2014 (Guest Blog Post)
…law school exam question: If a tree falls in a forest and the logger chopping it down records the sound, while a nearby reporter simultaneously makes her own, independent recording,…
Tweeted Article About Law Grad’s Suit Over Stalking Investigation Isn’t Defamatory
…recent example here: “Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon v. Above the Law.”) Jesse Enjaian sued National Law Journal’s publisher, editor-in-chief and reporter for an article…
Criminal Harassment Charges Survive First Amendment Challenge, Even Without The Threat of Personal Injury
…false report, the court isn’t very careful about deciding whether the course of conduct minus the false report amounts to harassment. We’ve blogged recently about a few cases involving family…
Stupid Online Teen Banter Isn’t “Disorderly Conduct”–State v. Nelson
…accepted his sentence of probation, community service and an apology letter. Nelson appealed. The dispositive question on appeal is how Nelson “initiated” or “circulated” a “report.” The “report” at issue…
Lawyer Disciplined for Sending Facebook Message to Adverse Party
…message, and the lawyer who sent the message decided to self-report to the bar. The hearing panel considered whether the lawyer violated Rule 8.4(d) (lawyer may not engage in conduct…