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 blog...

Sam Bayard examines Ohio laws regulating polling place activities.
Documenting Your Vote: Ohio Election Laws

David Ardia discusses the importance of considering whether your hosting provider will back you up in the face of legal threats.
Will Your ISP Stand Up for Your Free Speech Rights?

Sam Bayard reports on a recent decision applying Oregon's shield law to a blog commenter.
Oregon Shield Law Protects Anonymous Commenter

Sam Bayard examines Florida laws regulating polling place activities.
Documenting Your Vote: Florida Election Laws

David Ardia announces that First Amendment lawyer Marc Randazza will be guest blogging for the CMLP.
Introducing Guest Blogger Marc Randazza

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

Dozier Internet Law v. Riley
Posted October 9, 2008

Sovereign Partners Limited Partnership v. Worst
Posted October 8, 2008

Marlboro Players v. John Does
Posted October 7, 2008

Rocker Management v. Does 1-20
Posted October 4, 2008

Cretella v. Kuzminski
Posted October 4, 2008   

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

South Korea wants to gag the noisy internet rabble
The Guardian - Thurs. 10/09/08

Dear Bands: No Matter How Much You Dislike John McCain, He Can Most Likely Use Your Song
Techdirt - Thurs. 10/09/08

Political news site fights defamation lawsuit
First Amendment Center - Wed. 10/08/08

Want to bypass DRM? Feds open to new DMCA exemptions
Ars Technica - Wed. 10/08/08

New York village bats about idea of banning recordings from public meetings
FOI/FYI Blog - Mon. 10/6/08

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

"Continuing our focus on swing states, I'll look today at the laws regulating polling place activities in Ohio. . . .  Ohio law does not expressly prohibit using a camera or video recorder inside a polling place while you are voting.  Section 3501.35(B) of the Ohio Revised Code states that no person other than an election official, employee, observer, or police officer may enter a polling place 'except for the purpose of voting or assisting another person to vote.' This could mean that any activity other than voting is prohibited, but the language does not compel this result. The photo above and others like it suggest that at least some Ohio poll workers allowed voters to take photographs inside of polling places during the 2008 Primaries. . . . "
Sam Bayard, Documenting Your Vote: Ohio Election Laws

"There are a lot of things to consider when making the decision to launch a blog or website, including questions of cost, ease of use, and ownership of content.  Understanding how these considerations impact your legal rights and potential liability can help you make an intelligent choice as to what platform to use and what precautions to take when you speak online (we've got a whole section on these concerns, and others, in our legal guide).  But one area most people tend to overlook is whether their prospective ISP or hosting provider values -- and is willing to stand up for -- free speech rights. . . .If your content might be controversial, you should think about what sort of platform or service will protect your speech most strongly. . . ."
David Ardia, Will Your ISP Stand Up for Your Free Speech Rights? 

"Last week, an Oregon state judge ruled that Oregon's media shield law, found at Or. Rev. Stat. §§ 44.510 to 44.540, protected the identity of an anonymous commenter who posted allegedly defamatory statements on the Portland Mercury and Willamette Week websites.  According to the Portland Mercury, staff writer Amy Ruiz wrote a post in January 2008 about Portland mayoral candidate Sho Dozono.  In the comments section, a site user going by 'Ronald' posted negative comments about Dozono's ties to a local businessman, Terry Beard.  The same commenter allegedly posted similar statements on the Willamette Week site. Beard filed a motion to compel the two online newspapers to give up 'Ronald's' IP address before an Oregon state court. . . .Concluding that the IP address fit within the shield law's 'broad statutory language,' the court denied Beard's motion to compel. Perhaps we're seeing an emerging trend. . . ." 
Sam Bayard, Oregon Shield Law Protects Anonymous Commenter

"This post is another in our series looking at state election laws that regulate activities at polling places on Election Day.  These laws, which we cover from a general standpoint in the Documenting Your Vote section of our legal guide, may impact your ability to document your own voting experience through video and still photography, as well as your ability to carry out other newsgathering functions, such as interviewing other voters outside of polling places. Florida is sure to be a center of attention come November, given its swing-state status and notorious history. In this post, I'll look at how Florida's election laws affect these activities. Section 102.031 of the Florida Statutes is the most important provision regulating polling place activities. . . . "
Sam Bayard, Documenting Your Vote: Florida Election Laws

"I'm excited to welcome Marc Randazza, a noted First Amendment lawyer, as a guest blogger. Regular readers of this blog will recognize Marc as the often irreverent author behind The Legal Satyricon, a blog focused on law, technology, and politics.  For his 'day job,' Marc practices with the law firm of Weston, Garrou, Walters & Mooney, where he focuses on First Amendment, intellectual property, Internet, and gaming law. . . . Marc has written extensively on First Amendment and media law, negotiation theory, gaming law, and property law issues, and serves as an adjunct professor of law at Barry University School of Law, where he teaches classes in trademark, copyright, entertainment, and sports law. . . . "
David Ardia, Introducing Guest Blogger Marc Randazza