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 blog...
Arthur Bright reports on the new administration's steps in favor of open government.
Obama Moves Quickly to Increase Government Transparency
Sam Bayard analyzes whether the Arkansas fair report privilege covers non-traditional journalists and other independent online publishers.
Dixie Chicks Face Defamation Lawsuit After Using Court Records
David Ardia reports on a delay in what would have been the first live webcast of a federal court hearing.
Judge Gertner Postpones Webcast of Hearing in P2P File Sharing Case
Marc Randazza analyzes an important decision relating to the seizure of domain names.
Kentucky Court of Appeals Rules in Gambling Domains Case
Sam Bayard points out an opportunity to get inauguration photos published.
New York Times Calls on Inauguration Attendees to Submit Their Photos
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Recent threats added to the CMLP database...
Benitah v. Law
Posted Jan. 23, 2009
Internet Solutions v. Garga-Richardson (3rd Lawsuit)
Posted Jan. 22, 2009
Sandra Caron European Spa v. Kerber
Posted Jan. 21, 2009
Styger v. Johnson
Posted Jan. 20, 2009
Hobbs v. Pasdar
Posted Jan. 20, 2009
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Other citizen media law news...
Lawsuit over website links in spotlight
Boston.com - Fri. 01/23/09
White House exempts YouTube from privacy rules
CNET - Thurs. 01/22/09
No personal jurisdiction over Australian defendant in Flickr right of publicity case
Internet Cases - Thurs. 01/22/09
Supreme Court lets Internet porn law die
Los Angeles Times - Thurs. 01/22/09
The Supreme Court on Twitter?
Robert Ambrogi's LawSites - Wed. 01/21/09
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The full(er) Brief...
"Well, that was quick. Just a day into his new administration, President Obama issued a pair of memos and an executive order all aimed at increasing government openness. The Washington Post reports: 'Obama reversed George W. Bush's restrictions on access to records of former presidents. He also told the Justice Department to write new guidance to agencies on the Freedom of Information Act (FOIA) to improve transparency, and gave top officials in his administration four months to create a new 'Open Government Directive' that he said would go beyond the requirements of the open records law.' The Associated Press writes that Obama's executive order completely undoes an order that President Bush signed in the aftermath of 9/11, granting past presidents broadened executive privilege to prevent the release of their White House papers. The AP writes that Bush's order had been seen 'as ushering in a new era of presidential secrecy.' The two memos Obama signed go further in ushering that new era back out the door. . . ."
Arthur Bright, Obama Moves Quickly to Increase Government Transparency
"The defamation lawsuit against Dixie Chicks singer Natalie Maines and her band mates over an open letter published on the band's website has recently garnered the attention of legal bloggers (On.Point, THR, Esq.), who are asking whether Maines and her co-defendants can assert the fair report privilege as an affirmative defense despite their not being members of the traditional media. . . . In the Dixie Chicks case, Terry Hobbs alleges that Maines falsely accused him of murdering three eight-year-old boys in 1993. Maines made the challenged statements in a letter encouraging readers to support the movement to free the so-called 'West Memphis Three' -- Damien Echols, Jesse Misskelley, and Jason Baldwin –-three teenagers who were convicted of the murders in question. (The underlying story is chronicled in the HBO documentaries, Paradise Lost: The Child Murders at Robin Hood Hills and Paradise Lost 2: Revelations, which cast doubt on the guilt of the three teenagers.) . . ."
Sam Bayard, Dixie Chicks Face Defamation Lawsuit After Using Court Records
"United States District Court Judge Nancy Gertner has postponed what would have been the first live webcast of a federal court hearing scheduled for tomorrow in order to give the plaintiffs in the case an opportunity to seek appellate review of her decision allowing video cameras into her Boston courtroom. Last week, Gertner issued an order allowing the Courtroom View Network to 'narrowcast' the hearing in a lawsuit against Boston University graduate student Joel Tenenbaum, who allegedly downloaded seven songs illegally over a peer-to-peer network. (The hearing was to be made available to the public on the website of the Berkman Center for Internet & Society). Shortly after Judge Gertner issued her order, the plaintiff record companies filed a motion to stay the decision and filed in the First Circuit a Petition for a Writ of Mandamus or Prohibition and an Emergency Motion for Expedited Consideration, seeking to overturn the order. It's clear that the record companies really don't want the world to catch a glimpse of how they are prosecuting these cases. . . ."
David Ardia, Judge Gertner Postpones Webcast of Hearing in P2P File Sharing Case
"The Kentucky Court of appeals has ruled that the Commonwealth can not seize 141 domain names due to their alleged affiliation with online gambling. The Commonwealth initially filed an in rem (against the item, not against a person) action against the domain names -- seeking to seize the domains as 'gambling devices.' However, the statute does not seem to fit around domain names. The statute was designed to permit the seizure of slot machines and the like. . . . The Court of Appeals also ruled on whether Kentucky law permitted the in rem proceeding against the domains. The court found that the in rem proceedings were not authorized by the statute. Given that KRS 528.100 is a penal statute, in order to seize the domains, it requires charges to be filed -- none were. Without a conviction under KRS Chapter 528, there can be no forfeiture. What is absent from the opinion is just as important as what is in the opinion. The Court did not address the constitutional issues including whether the use of the domain names was Commercial Speech and thus protected by the First Amendment. . . ."
Marc Randazza, Kentucky Court of Appeals Rules in Gambling Domains Case
"In much the same spirit as its Polling Place Photo Project, the New York Times is calling on attendees of this week's inaugural events to submit their photos for publication: 'NYTimes.com wants to publish your photos related to the inauguration of President-elect Obama, from the preparations through the main event and after-parties. Whether you’re in Washington or taking part in inauguration-related events elsewhere, send an e-mail to pix@nyt.com with your full name and the location where the picture was taken, and attach your photograph(s). The photographs will be presented in an online readers’ album.' Consult this page for additional details about formatting and rights for the New York Times. You also can upload your photographs to Flickr, which provides an option to license and share your photos under Creative Commons. If you're interested in participating, our Guide to Documenting the 2009 Presidential Inauguration can help you document the inauguration while complying with the extensive security regulations that will be in place. . . ."
Sam Bayard, New York Times Calls on Inauguration Attendees to Submit Their Photos
