Week of August 8, 2008 [1]

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...

CMLP Staff highlight a recent legal threat involving a notorious online prank.
Internet "Troll" Sued for Craigslist Sex Prank [2]

Tuna Chatterjee comments on a recent Third Circuit decision that supports public access to jurors' names.
Third Circuit Grants Public Access To Prospective Juror Information [3]

Arthur Bright examines the intersection of new media and politics in the House of Representatives.
Congressman Wears Two Hats: Legislator and Citizen Journalist [4]

David Ardia provides an overview of the Legal Guide's Risks Associated with Publication section.
Understanding Your Legal Risks When You Blog or Publish Online [5]

Sam Bayard notes the settlement in Webster v. Albero.
Blogger and Maryland Police Chief Settle Defamation Lawsuit [6]

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Recent threats added to the CMLP database...

Doe v. Fortuny [7]
Posted August 8, 2008

Bosley Medical Institute v. Kremer [8]
Posted August 8, 2008

McVea v. Crisp [9]
Posted August 8, 2008

Merkey v. Does [10]
Posted August 8, 2008

Novak v. Active Window Productions [11]
Posted August 8, 2008

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Other citizen media law news...

Yale law students I.D. man who allegedly defamed them
The First Amendment Center [12] - Thurs. 8/7/08

Local Idiot To Post Comment On Internet
The Onion [13] - Wed. 8/6/08

Copyright Blogosphere Loses a Voice of Reason
Info/Law [14] - Mon. 8/4/08 

Beverly Hills case blends free speech, public schools and cyberbullying
Los Angeles Times [15] - Sat. 8/3/08

Smackdown against Facebook activists in Egypt
CNET News [16] - Sat. 8/3/08

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The full(er) Brief...

"A great New York Times article last weekend drew our attention to this rather colorful legal threat and its target, Jason Fortuny, a freelance web designer, programmer, and noted (or notorious) Internet troll. In 2006, Mr. Fortuny engaged in what he called the 'Craigslist Experiment,' in which he posted a fake ad on Craigslist pretending to be a woman seeking a man for rough sex.  According to the Times article, over one-hundred men responded, providing photographs and contact information. Mr. Fortuny allegedly posted this material to his blog, RFJason, and Encyclopedia Dramatica (described by the New York Times as 'an online compendium of troll humor and troll lore'). . . .  One of the men who responded to Mr. Fortuny's prank filed a lawsuit in federal court in Illinois last February. . . . "
CMLP Staff, Internet "Troll" Sued for Craigslist Sex Prank [2]

"On August 1, 2008, the Third Circuit Court of the Appeals issued its opinion in United States v. Wecht. The opinion is great news for citizen media creators, because the court ruled that the First Amendment confers a presumptive right of access to obtain the names of trial and prospective jurors in a criminal case prior to empanelment. . . . While privacy concerns for jurors are real, the Third Circuit recognized that such concerns can be addressed on an individual case-by-case basis, and that the default position should be to favor public access. . . ."
Tuna Chatterjee, Third Circuit Grants Public Access To Prospective Juror Information [3]

"Even elected officials can be citizen journalists.  The New York Times has an interesting report about Representative John Culberson (R) of Texas, who took on a role normally filled by CSPAN after the House had officially adjourned for its summer recess last Friday. When Republican representatives decided to hold what Culberson called a GOP 'pep rally' on the House floor, Culberson, an outspoken advocate of using online tools to communicate with constituents, broke out his mobile phone and streamed live pictures using Twitter. . . .  After the speeches were over and the representatives moved to the hall for a press conference, Culberson used his phone to record videos of it, which he later posted to his Qik account. Interestingly, Culberson's Twitter and Qik posts apparently violate regulations of the Committee on House Administration . . . ."
Arthur Bright, Congressman Wears Two Hats: Legislator and Citizen Journalist [4]

"Every time you publish something online, whether it's a news article, blog post, podcast, video, or even a user comment, you open yourself up to potential legal liability. This shouldn't come as too much of a surprise because the Internet, after all, is available to anyone who wishes to connect to the network, and even the smallest blog or most obscure discussion forum has the potential to reach hundreds of millions of people throughout the world. Often the legal risks are small, but not always. The risks you could face when you publish online can take a number of forms, depending on what and how you publish. This post and the legal guide sections it links to are not intended to make you an expert on media law, but merely to help you identify potential "red flags" so that when you publish something that might result in liability, you will know to be extra careful and will take the necessary steps to minimize your potential legal risks. Let's start with the more obvious risks. . . ."
David Ardia, Understanding Your Legal Risks When You Blog or Publish Online [5]

"Last week, Salisbury, Maryland Police Chief Allan Webster and Joe Albero, operator of the Salisbury News blog, reached a settlement in Webster's defamation and false light lawsuit, just hours before the case was scheduled for trial. Albero reported on his blog that no money exchanged hands under the settlement, but the precise terms are not public. . . ."
Sam Bayard, Blogger and Maryland Police Chief Settle Defamation Lawsuit [6]