Week of January 11, 2008

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.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The latest from the Citizen Media Law Project...

David Ardia highlights an upcoming article about the reporters' privilege.
Reconstructing the Journalists' Privilege

David Ardia reports on the latest developments in the Megan Meier case, and Sam Bayard evaluates the possible legal premises of the prosecution's case.
Grand Jury Issues Subpoena to MySpace in Megan Meier Suicide Case

David Ardia discusses the use of a search warrant in a newsroom aimed at uncovering the identity of an anonymous user.
Kansas Court Issues Search Warrant to Lawrence Journal-World Seeking Identity of Anonymous User

Sam Bayard comments on an Australian government minister's critique of a YouTube video.
Australian Foreign Minister "Condemns" YouTube Video

David Ardia looks at a potential threat to free speech in Great Britain.
British Blogger Threatened with Arrest for Inciting Racial Hatred

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Other citizen media law news...

Appeals court affirms summary judgment for newspaper
The Reporters Committee for the Freedom of the Press - Thurs. 01/10/08

Your Majesty, please release Ahmad Fouad Al-Fahran
Reporters Without Borders - Thurs. 01/10/08

Libel tourism is a threat to all web publishers, and something we'll see a lot more of in times to come
Kristine Lowe blog - Wed. 01/09/08

Hey, Isn't That . . .
Washington Post - Wed. 01/09/08

On the continuing question of © and the First Amendment
Lessig blog - Mon. 01/07/08

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Recent threats added to the CMLP database...

Energy Automation Systems v. Xcentric Ventures
Posted January 11th, 2008

Parker v. X17, Inc.
Posted January 11th, 2008

Kansas University v. Lawrence Journal-World
Posted January 9th, 2008

TMI v. Maxwell
Posted January 7th, 2008

Mitchell v. Noel
Posted January 7th, 2008

(If you've been threatened with legal action or know of someone who has, please let us know by entering the information into the database through our easy to use threat entry form or by using our contact form.)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The full(er) Brief...

"Eric Freedman, a law professor at Hofstra University School of Law, has an article entitled 'Reconstructing Journalists' Privilege' coming out in the Cardozo Law Review. The article is part of a symposium issue that includes pieces by an impressive list of scholars, including Anthony Lewis, Max Frankel, Victor Kovner, Joel Gora, and Rodney Smolla."
David Ardia, Reconstructing the Journalists' Privilege

"The Los Angeles Times reported yesterday that a federal grand jury in Los Angeles has begun issuing subpoenas in the Megan Meier case, the Missouri teenager who committed suicide after a 'boy' she met on MySpace abruptly turned on her and ended their relationship. According to the Los Angeles Times, the boy was allegedly Lori Drew, a neighbor who had pretended to be 16-year-old 'Josh Evans' to gain Megan's trust."
David Ardia, Grand Jury Issues Subpoena to MySpace in Megan Meier Suicide Case

"Last month, an investigator at Kansas University delivered a search warrant to the Lawrence Journal-World, a highly regarded newspaper in Lawrence, Kansas, demanding access to their computer servers in order to get information about the identity of a user who had posted comments on the paper's website, LJWorld.com. The warrant, which appears to violate the federal Privacy Protection Act, raises serious concerns about governmental overreaching and highlights the need for adequate procedural protections for anonymous online speech."
David Ardia, Kansas Court Issues Search Warrant to Lawrence Journal-World Seeking Identity of Anonymous User

"Here is a weird one from the New York Times Lede blog: An anonymous person posted a video on YouTube that accuses the Australian government of opposing Japan’s whaling practices because of its 'prejudice and racism against the Japanese.' In response, Foreign Minister of Australia Stephen Smith issued an audio statement condemning the video and re-affirming the Australian government's view that Japanese whaling should cease. In his statement, Smith repeatedly draws attention to the anonymous character of the video and, according to Agence France-Presse, he even commented to reporters: 'It's anonymous, so that tells you something before we even start.'"
Sam Bayard, Australian Foreign Minister "Condemns" YouTube Video

"Glenn Reynolds over at Instapundit.com reports that a British blogger was recently threatened with arrest for inciting racial hatred. The blogger, who runs a controversial Christian blog and goes by the pseudonym Lionheart, stated on his blog that British police are threatening to arrest him for 'stirring up racial hatred by displaying written material' contrary to sections 18(1) and 27(3) of the Public Order Act 1986."
David Ardia, British Blogger Threatened with Arrest for Inciting Racial Hatred

Taxonomy upgrade extras: