Sam Bayard's blog

Citizen Media Law Project and Berkman Cyberlaw Clinic Lead Amicus Effort to Protect Anonymous Online Speech in Illinois

Yesterday, CMLP and a number of media and advocacy organizations asked an Illinois appellate court for permission to file an amicus curiae brief in Maxon v. Ottawa Publishing.  The brief urges the Illinois Appellate Court for the Third District to protect the rights of anonymous Internet speakers by imposing important procedural safeguards before ordering disclosure of their identities. 

Subject Area: 

Jurisdiction: 

Swartz v. Does: Tennessee Court Protects Anonymous Speech Online

Last 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.

Subject Area: 

Jurisdiction: 

Coalition of Media Organizations Urges First Circuit to Reverse Dangerous Defamation Decision

Today, the Citizen Media Law Project joined numerous other media organizations and media law advocacy groups in filing an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to grant rehearing en banc in Noonan v.

Subject Area: 

Jurisdiction: 

Virginia Blogger Invokes Reporter's Privilege to Challenge Subpoena Seeking Anonymous Commenters

Waldo 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.  Paul Alan Levy of

Subject Area: 

Jurisdiction: 

"Skanks in NYC" Blogger Fights Back to Preserve Anonymity

Wendy Davis of MediaPost reports that the blogger behind the Skanks in NYC blog has appeared through counsel to challenge model Liskula Cohen's request for discovery from Google regarding his/her identity.  Two weeks ago, the anonymous blogger filed a

Subject Area: 

Jurisdiction: 

Maryland High Court Joins Growing Consensus Protecting Anonymous Speech Online

On Friday, the Court of Appeals of Maryland quashed a subpoena seeking the identity of five anonymous commenters and provided guidance to lower courts regarding what showing an aggrieved plaintiff must make before a court will order a website operator to reveal the identity of an anonymous commenter.  In Independent Newspapers, Inc. v. Brodie, the Maryland high court concluded that

Subject Area: 

Jurisdiction: 

Do Ads in Google News Search Change the Fair Use Analysis?

Last Wednesday, Google began including advertisements in its Google News search results in the United States.  The next day, Zachary Rodgers at ClickZ speculated that this move might stir major media companies to sue Google for copyright infringement, and

Subject Area: 

California Anti-SLAPP Project Takes Up Case for Yelp and Parents Sued Over Negative Dentist Review

On January 21, the California Anti-SLAPP Project (CASP) filed a special motion to strike the complaint of Yvonne Wong, a pediatric dentist who sued Yelp! Inc. and two parents based on a negative review of her services the parents posted on Yelp

Subject Area: 

Jurisdiction: 

Virginia Blogger Targeted With Outrageous Subpoena

In perhaps the most blatant misuse of the subpoena power we've seen since the subpoena served on Kathleen Seidel of Neurodiversity last March, a lawyer for Thomas Garrett of Virginia has served a patently overbroad subpoena on blogger Waldo Jaquith, who publishes cvillenews.com, a community news blog about Charlottesville, Virginia. 

Subject Area: 

Jurisdiction: 

Judge Orders Google to Notify "Skanks in NYC" Blogger of Discovery Request

Wendy Davis of MediaPost reports that the blogger behind the Skanks in NYC blog will keep his/her identity secret for another four weeks.  In a hearing yesterday in New York Supreme Court, Judge Joan Madden refused to rule on model Li

Subject Area: 

Jurisdiction: 

Pages