Justin Silverman's blog

Keeping Online Speech Outside the Schoolhouse Gate

A freshman at Oak Grove High School in Missouri used Facebook last month to vent about another student: "Wow, [expletive] alert," wrote Megan Wisemore.

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Candidate Joe Walsh vs. Rocker Joe Walsh: A DMCA Knockout

After a month of snarky letter and email exchanges, Republican U.S. Congressional candidate Joe Walsh recently removed a campaign video from his website that used a song by the Eagles band member also named Joe Walsh.

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Philly, Don't Blame Facebook for Missing the Snowball Fight Invite

I understand you're upset, Philadelphia.  Plans for a "flash mob" snowball fight last week got out of control.  Scores of teenagers stormed a local mall and nearby streets

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The Catsouras Photos: Will a Family's Privacy Interest Impede Press Access?

The tragic story of Nikki Catsouras continues. I considered not giving yet more attention to the horrific accident photos she is now most known for, but the case still elicits a great deal of emotion and for that very reason it's important to address the law that is being decided in California. 

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Pete Bouchard and the Battle Against Bogus Takedowns

I'm not one for local news broadcasts. When I do watch, it's to enjoy the unintentional humor brilliantly parodied by those like the Onion News Network.

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EMI/Vimeo Lawsuit Leaves Lip-Dubbers Speechless

A group of friends gathered after work a few years ago to record what may be now the most popular performance of Harvey Danger's "Flagpole Sitta." In a video that has since been viewed more than 2 million times on Vimeo, the 30 or so friends took turns lip-syncing, dancing and then ultimately falling to the floor as a group at the son

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The Free Citizen as a Nuisance

"I'm willing to admit that the policeman has a difficult job, a very hard job. But it's the essence of our society that the policeman's job should be hard. He's there to protect, protect the free citizen, not to chase criminals, that's an incidental part of his job. The free citizen is always more of a nuisance to the policeman than the criminal. He knows what to do about the criminal." - Orson Welles

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Will This Revolution Be YouTubed?

YouTube CourtThere are a couple of laws in California that the U.S. Supreme Court should consider before it announces tomorrow whether or not the Proposition 8 trial can be broadcast on YouTube: § 240 and § 422.  These two laws don't address same-sex marriage, discrimination, or even access to courts, as you may have expected.  Instead, these sections of the California Penal Code make it a crime to either assault or threaten to use violence against another person. 

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