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Citizen Media Law Project 

Legal training and resources to protect free online speech. Advocacy for citizen participation in online media.
Post Frequency: 3.9/day Last Entry: July 20, 2010 at 10:11:43 Recent Entries: 755
By Berkman Center for Internet & Society at Harvard Law School and the Center for Citizen Media
Go to Citizen Media Law Project, find other Copyright Law blogs, or browse all law blogs.
Mistrial by iPhone, New Technologies Present Challenges in the Courtroom
Posted on March 17, 2009While we are generally in favor of allowing new technologies into the courtroom (e.g., live blogging, webcasts, Twitter, etc.) in order to make it easier for the public to monitor the functioning of our court systems, sometimes technology can be taken too far...
Swartz v. Does: Tennessee Court Protects Anonymous Speech Online
Posted on March 16, 2009Last Friday, a circuit judge in Nashville, Tennessee ruled from the bench that the First Amendment protects anoynymous Internet speech and adopted the Dendrite International v. Doe standard for balancing the speaker's First Amendment right against the would-be plaintiff's right to legal redress for actionable speech...
Wisconsin Athletic Association Fumbles with Lawsuit Over Paper's High School Football Webcast
Posted on March 13, 2009High school athletics tend to be held out as an important tool for teaching youth important skills: teamwork, fair play, and hard work. The Wisconsin Interscholastic Athletic Association ("WIAA") is adding one more lesson to the lesson plan: disrespect for freedom of the press...
Anonymous Blogging Guide
Posted on March 12, 2009Thinking about launching an anonymous blog? There are lots of reasons you might want to publish your blog or website anonymously. For example, publishing anonymously may protect you from retaliation by those who don't like what you write. We've seen plenty of bloggers harassed or fired from their jobs for what they've written...
Coalition of Media Organizations Urges First Circuit to Reverse Dangerous Defamation Decision
Posted on March 11, 2009Today, the Citizen Media Law Project joined numerous other media organizations and media law advocacy groups in filing an amici curiae brief urging the U.S. Court of Appeals for the First Circuit to grant rehearing en banc in Noonan v. Staples. In Noonan, a three-judge panel of the First Circuit held that an outdated Massachusetts statute allowed a former Staples employee to hold the company liable for defamation based on a truthful email sent to employees explaining the reason for his termination, so long as he could prove that the email was sent with "actual malevolent intent or ill will...
Cook County Sheriff Sues Craigslist for Creating a "Public Nuisance"
Posted on March 10, 2009Last Thursday, Thomas Dart, the Sheriff of Cook County, Illinois, filed a lawsuit against online classified site Craigslist, claiming that the site is a "public nuisance" because its users post ads in the "erotic services" category that facilitate prostitution...
Virginia Blogger Invokes Reporter's Privilege to Challenge Subpoena Seeking Anonymous Commenters
Posted on March 09, 2009Waldo Jacquith, the Virginia blogger targeted with an outrageously broad subpoena back in January (see my previous post), filed a brief last week arguing that he should not be required to turn over the IP addresses of those who viewed and commented on an article posted to his blog, as well as his email correspondence relating to the article...
Do No Harm (But Don't Let Anyone Talk About You)
Posted on March 06, 2009The online community reviews everything these days. Be it via stars, thumbs up or down, or free-form comments, the denizens of the Internet are keen to offer their assessments of books, movies, restaurants, and all else out for public consumption and aggregation...
John Palfrey and Adam Thierer on Section 230 of the Communications Decency Act
Posted on March 06, 2009Today, Ars Technica published a fascinating exchange between Berkman Center faculty co-director John Palfrey and Adam Thierer (Progress & Freedom Foundation, Technology Liberation Front) on Section 230 of the Communications Decency Act, the federal statute that shields website operators and other online service providers from liability for information posted or published by users of their sites or systems...
Maryland High Court Joins Growing Consensus Protecting Anonymous Speech Online
Posted on March 04, 2009Hot News Case - The Dialogue Continues
Posted on February 26, 2009The purpose of copyright is to "promote progress." We achieve this promotion by giving authors a limited monopoly over their works so that they may profit from them. This is what is known as "the incentive theory." If we give authors the incentive to create works, they will create more of them, thus adding ideas and expression to the marketplace...
Officials in Deltona, Florida Seek to Use Taxpayer Money to Fund Libel Lawsuits
Posted on February 25, 2009Reacting to online criticism of its elected officials, the city of Deltona, Florida has authorized city employees to file libel lawsuits at taxpayers' expense. On February 16, City commissioners voted 4-3 to pass this resolution: After discussion, the Commission voted 4 to 3 (Commissioner Denizac, Commissioner McFall-Conte, and Commissioner Zischkau voted against the motion) for the City to provide reimbursement and expenditures of legal fees to protect both proactively and reactively the City as a government including its employees and its Mayor and those members who wish to be represented in the this motion, Commissioner Treusch, Commissioner Deyette, Vice Mayor Carmolingo and Mayor Mulder where needed from material damages, slanderous or libelous comments or claims and unsubstantiated allegations past, present and future where the Mayor feels is needed and that a report of fees expended be made available to the public so they may see the extent of damage that has been caused...
Thoughts on the Jones Day-BlockShopper Settlement
Posted on February 24, 2009Over at the Consumer Law & Policy Blog, Paul Alan Levy of Public Citizen has an excellent post on the recent settlement of Jones Day's trademark lawsuit against real estate news site BlockShopper.com. In the lawsuit, Jones Day alleged that BlockShopper infringed and/or diluted its trademark by using the name "Jones Day" to identify two of its associates who purchased homes in Chicago and by using anchor text in hyperlinks from each associate's name back to their lawyer bios on Jones Day's own website (here, here)...
Federal Shield Bills Offer Rival Takes On Who's A Journalist; Bloggers Could Be Left Unprotected
Posted on February 23, 2009The question of what makes a journalist is due for yet another round of debate, now that Congress is weighing two competing versions of a federal shield law for reporters. Last Friday, the Senate introduced its own version of the Free Flow of Information Act, a follow-up to the House's action two days before...
Congressional Efforts to Stymie "Libel Tourism" Rev Up
Posted on February 20, 2009After several false starts, it looks like Congress is finally going to address the issue of "libel tourism," an unfortunate practice where foreign plaintiffs pick the jurisdiction with the most draconian libel laws in which to sue. The Reporters Committee for Freedom of the Press writes that the anti-"libel tourism" bill introduced last year by Senators Arlen Specter, Joseph Lieberman, and Charles Schumer is back under consideration in the Senate...
Hey Douchebag! Your Chicks' Case is Outta Here!
Posted on February 19, 2009Yvette Gorzelany, Joanna Obiedzinski, and Paulina Pakos are the latest plaintiffs to seek a big payday from Simon & Schuster over the book Hot Chicks with Douchebags. (Michael Minelli, a 27-year old ?club promoter," still has a pending suit in Nevada against Simon & Schuster)...
Another Reminder to Choose Your Hosting Service Carefully
Posted on February 18, 2009My colleague Ethan Zuckerman just put up a disturbing post about Kubatana, a prominent Zimbabwean NGO, which saw its site taken down because its hosting provider, Bluehost, got cold feet after it discovered the site contained content from (gasp!) Zimbabwe...
First Circuit Upends Accepted Understanding of Truth Defense in Defamation Cases
Posted on February 17, 2009Last Friday, the First Circuit Court of Appeals upended the generally accepted notion that U.S. defamation law does not impose liability for truthful statements. In Noonan v. Staples, a three-judge panel of the federal appeals court in Boston held that Alan Noonan, a former Staples employee, may hold the company liable for defamation based on a truthful email a superior sent to employees explaining the reason for Noonan's termination, so long as he can prove that the email was sent with "actual malevolent intent or ill will...
UC Berkeley Website on Evolution Sued for Violating Establishment Clause
Posted on February 16, 2009In celebration of the bicentennial of Charles Darwin's birth (you knew he was born on the same day in 1809 as Abraham Lincoln, right?), I bring you news of our first legal threat directed at an online publisher asserting that a website violates the Establishment Clause of the First Amendment...
Texas Judge Orders 178 Anonymous "John Does" Who Posted on Topix Be Revealed
Posted on February 13, 2009Once again, the right to anonymous speech is being tested, this time in Texas, where a judge has ordered news portal Topix.com to reveal the identities of 178 forum posters accused of defaming a Texas attorney and his wife. The Clarksville Times reports that Mark and Rhonda Lesher were charged in April 2008 with the aggravated sexual assault of a former client of Mark's legal services...
Pennsylvania Student Sent to Jail For Lampooning Assistant Principal on MySpace
Posted on February 12, 2009The Associated Press is reporting that two Pennsylvania judges have been charged with taking millions of dollars in kickbacks to send teenagers to two privately run youth detention centers. For years, the juvenile court system in Wilkes-Barre operated like a conveyor belt: Youngsters were brought before judges without a lawyer, given hearings that lasted only a minute or two, and then sent off to juvenile prison for months for minor offenses...
Neuwirth v. Silverstein: California Appellate Court Reverses Ruling Granting Motion to Strike
Posted on February 12, 2009On Monday, a California appellate court reversed a trial court that had granted Richard Silverstein and Joel Beinin's motion to strike Rachel Neuwirth's defamation lawsuit against them under the California anti-SLAPP statute (Cal. Code Civ. Proc. § 425...
Juicy Campus Dies - Holmes' Posse Rejoices
Posted on February 11, 2009Juicy Campus -- often the target of anti-free-speech types in higher education has died. And I am glad. Juicy Campus was a cesspool with virtually no redeeming qualities. (But that isn't why I am glad it is dead) Compare to AutoAdmit, which actually had (and still has) some worthwhile discussions...
Citizen Journalist's Guide to Open Government
Posted on February 10, 2009J-Lab, the Institute for Interactive Journalism at American University's School of Communication, just announced the launch of "The Citizen Journalist?s Guide to Open Government," an extensive multimedia module to help citizen media creators understand how to obtain public records and gain access to public meetings...
Citizen Media Law Project is Hiring a Staff Attorney
Posted on February 09, 2009Are you a lawyer interested in dealing with emerging legal issues relating to the intersection of law, journalism, and new media on the Internet? Would you like to help online journalism and new media ventures meet their legal needs? Do you want a stimulating yet laid back work environment? The Citizen Media Law Project at Harvard University's Berkman Center for Internet & Society is looking to hire a Staff Attorney/Resident Fellow to assist with the development of a pro bono network of media lawyers and law school clinics to support online journalism and new media startups...
Egyptian Security Police Detain Blogger and Graduate Student Philip Rizk
Posted on February 09, 2009Reuters, the LA Times, and the International Herald Tribune report that Egyptian state security police detained blogger Philip Rizk on Friday night, when he was returning to Cairo after a march to raise awareness about conditions in the Gaza Strip. Rizk is a graduate student in the Middle East Studies program at the American University in Cairo, a political activist, and documentary filmmaker, and he blogs about Palestinian issues on his blog tabula gaza...
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How to tell if I have been subject to gender discrimination in hiring practices?
You didn't apply for the job. so that's a tough one. Seemingly your Bo...
my boyfriend is a green card holder in the U.S.and is married here in the Philippines .. the marriage last for 2 years . his wife now gave birth from another man,he is planning to marry me here in the Philippines but the
if your b.f. is a greenc ard holder,he can file for a divorce and the Phil. law ...
Can I marry an alien while my US citizenship application is being procesed?
it doesn't matter,you can marry,just provide them with marriage certificate...
I married American citizen 2 years ago and have conditional permanent resident status. The marriage has not gone well and my husband has left. What effect will filing for divorce have on my application to have conditions
Many visas, etc., involving spouses must be applied for by both spouses (for exa...
Can a debt owed in France be collected in the United States?
Not really. The procedure of collecting is governed by complicated treaties and...








