Welcome to the Citizen Media Law Brief, a weekly newsletter highlighting recent blog posts, media law news, legal threat entries, and other new content on the Citizen Media Law Project's website. You are receiving this email because you have expressed interest in the CMLP or registered on our site, www.citmedialaw.org. If you do not wish to receive this newsletter, you can unsubscribe by following the link at the bottom of this email or by going to http://www.citmedialaw.org/newsletter/subscriptions.

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The latest from the Citizen Media Law Project...

David Ardia comments on the second lawsuit against DontDateHim.com.
'DontDateHim' Lawyer Todd Hollis Back in Court With Second Lawsuit Against Dating Advice Site

Dan Gillmor comments on the Manalapan v. Moskovitz lawsuit.
Town of Manalapan, New Jersey, Versus Free Speech

Sam Bayard analyzes Michael Savage's copyright lawsuit against CAIR.
Savage v. Council on American-Islamic Relations: A Breathtaking Misunderstanding of Copyright Law

Sam Bayard examines another California anti-SLAPP ruling.
Neuwirth v. Silverstein: Court Grants Anti-SLAPP Motion in Politically Charged Online Dispute

David Ardia discusses CDA 230 immunity and iBrattleboro.com.
iBrattleboro Founders Move to Dismiss Libel Lawsuit Under Section 230 of Communications Decency Act

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Other citizen media law news...

Congress' copyright reform: seize computers, boost penalties, spend money
Ars Technica - Thurs. 12/6/07

Court Enjoins Law That Barred Fringe Church's Funeral Protests
ABA Journal Blawg 100 - Thurs. 12/6/07

Seattle drops demand that newspaper identify sources
First Amendment Center - Thurs. 12/6/07

Senators Urge Passage of Revised FOIA Bill
Editor & Publisher - Wed. 12/5/07

Perfect 10 v. Amazon Opinion Amendment -- Ninth Circuit Does 180 on Fair Use Burden for Preliminary Injunction
Technology & Marketing Law Blog - Tues. 12/4/07

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Recent threats added to the CMLP database...

Patches the Beaver v. AsteroidBooty.com
Posted December 5, 2007

Dendrite International v. Does
Posted December 5, 2007

City of Sheboygan v. Reisinger
Posted December 5, 2007

Falwell v. Lamparello
Posted December 5, 2007

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The full(er) Brief...

"Pittsburgh lawyer Todd Hollis is back in court with a second lawsuit against the dating advice site Don'tDateHimGirl.com, whose users accused him of infidelity and infecting women with herpes. Hollis had previously filed a defamation lawsuit in Pennsylvania state court against the owner of the site back in June 2006. The Florida-based web site and its owner Tasha Joseph were able to have that case dismissed for lack of personal jurisdiction."
David Ardia, 'DontDateHim' Lawyer Todd Hollis Back in Court With Second Lawsuit Against Dating Advice Site

"Follow the links from Electronic Frontier Foundation page on the bizarre Manalapan v. Moskovitz lawsuit to see a local government running wild against free speech. The town is suing to get the identity of -- and all kinds of other information about -- a critical anonymous blogger. Anonymous speech should generally be taken less seriously than speech where the speaker stands behind his own words, and I think this is such a case. But anonymous speech is part of a long and vital tradition in America, and this is also such an example."
Dan Gillmor, Town of Manalapan, New Jersey, Versus Free Speech

"Conservative talk show host Michael Savage sued the Council on American-Islamic Relations (CAIR) in federal district court in California on Monday for copyright infringement. Savage posted a copy of the complaint on his website. He claims that CAIR violated his copyrights in the October 29, 2007 program of the "Michael Savage Show" by excerpting a four-plus minute portion of the show and posting it on CAIR's website. The excerpt was (and remains) attached as an audio file to an article on the website, entitled "National Radio Host Goes On Anti-Muslim Tirade." I don't want to go into details about the Savage excerpt, but I have listened to it, and one can only describe it as extremely hateful material aimed at Muslims, the Quran, and the Islamic faith in general."
Sam Bayard, Savage v. Council on American-Islamic Relations: A Breathtaking Misunderstanding of Copyright Law

"Last week, a California state court dismissed Rachel Neuwirth's libel claim against California blogger Richard Silverstein and university professor Joel Beinin pursuant to California's anti-SLAPP statute (Cal. Code Civ. Proc. § 425.16). This is a tremendous victory for Silverstein and Beinin, and a great decision in terms of maintaining some breathing space for political debate and academic freedom. For better or worse, the kind of hyperbole and insult-slinging that features in this case goes on in academic and policy circles, especially when it comes to Middle East-related topics like Zionism, terrorism, torture, and neo-conservative "democracy" initiatives. . . . While calling someone a "Kahanist swine" might not be a model of reasoned debate, it's important that the courts erect some kind of obstacles to turning every heated dispute or case of hurt feelings into a libel claim."
Sam Bayard, Neuwirth v. Silverstein: Court Grants Anti-SLAPP Motion in Politically Charged Online Dispute

"Last week, I blogged about a lawsuit filed by Effie Mayhew against Chris Grotke and Lise LePage, co-founders and owners of iBrattleboro.com, in which Mayhew claims that Grotke and LePage bear liability for a comment a user posted on the iBrattleboro site. Today, Grotke and LePage filed their anticipated motion for jugdment on the pleadings, arguing that they are immune from liability under section 230 of the Communications Decency Act ("CDA 230"). As I mentioned in my previous post, Grotke and LePage are almost certainly shielded from liability under CDA 230. After reading their motion and re-reading Mayhew's complaint, it is clear that the court should dismiss the claims against them. Of course, the case would continue against David Dunn, who is the author of the allegedly defamatory comment, as he does not have a basis for immunity under CDA 230."
David Ardia, iBrattleboro Founders Move to Dismiss Libel Lawsuit Under Section 230 of Communications Decency Act