Week of December 12, 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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News from the Citizen Media Law Project...

The CMLP received some very nice press coverage in the most recent edition of the Harvard Law Bulletin [2], which goes out to all Harvard Law School faculty, students, and alumni. 

The first article, Preserving Free Speech on the Internet [3], describes our work in the Wikileaks case [4], in which CMLP helped organize a coalition of media organizations to challenge two prior restraints issued against Wikileaks.org [5].  The article highlights the great work of HLS Cyberlaw Clinic [6] student Savith Iyengar, who drafted portions of the amici brief we filed.

The second article, Infotopia! [7], mentions the CMLP's extensive online legal guide [8] as part of a special section in the Bulletin describing the innovative work the law school is doing in a number of legal fields.  Needless to say, we are overjoyed that the editors chose to highlight our work. 

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

Sam Bayard looks at two cases testing school authority to punish student speech on the Internet.
Federal Appeals Court Examines Two MySpace Student Speech Cases [9]

Sam Bayard discusses the appropriate standard for protecting anonymous speech online. 
Maryland High Court Hears Argument on Internet Anonymity [10]

David Ardia previews a Harvard conference focused on the Internet's impact on politics and democracy.
Internet and Politics 2008 [11]

David Ardia reports on a new student speech case.
Florida Student Sues Principal Over Suspension for Facebook Postings [12] 

Sam Bayard updates readers on the Harry Potter Lexicon lawsuit.
RDR Books Withdraws Appeal, Prepares To Publish Revised Lexicon [13] 

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Recent threats added to the CMLP database...

Blue Mountain School District v. J.S. [14]
Posted Dec. 12, 2008

Dynacq International, Inc. v. Yahoo! Inc. [15]
Posted Dec. 10, 2008

Pembroke Pines Charter High School v. Evans [16]
Posted Dec. 9, 2008

Brodie v. Independent Newspapers, Inc. (Subpoena) [17] 
Posted Dec. 8, 2008

Brodie v. Independent Newspapers, Inc. (Lawsuit) [18]
Posted Dec. 8, 2008

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Other citizen media law news...

Censorship Group Removes Wikipedia Blacklisting
Wired's Threat Level [19] - Fri. Dec. 12, 2008

Judge blocks murder case story
Ventura County Star [20] - Thur. Dec. 11, 2008

Criminal-libel laws' overreach
Los Angeles Times [21] - Thur. Dec. 11, 2008 

Online 'Bump Messages' Ruled Not Republication in Defamation Lawsuit
Law.com [22] - Wed. Dec. 10, 2008

When Do Online Attacks Cross the Line Into Cyberwar?
US News and World Report [23] - Tue. Dec. 9, 2008 

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The full(er) Brief...

"The Wall Street Journal Law Blog and the Legal Intelligencer report that the Third Circuit Court of Appeals has before it two appeals testing the limits of school authority to punish student speech on the Internet.  The two cases have remarkably similar facts, but the trial courts that decided them came to completely opposite conclusions. . . .  In Layshock v. Hermitage School District, a Pennsylvania school district suspended high school student Justin Layshock and ordered him to finish high school in an 'Alternative Education Program' after he created a fake MySpace profile for his school principal, Eric Trosch. . . .  In J.S. v. Blue Mountain School District, another Pennsylvania school district suspended two eighth-grade girls for creating a fake MySpace profile for their principal, James McGonigle. . . .  Oral argument in the Layshock case took place on Wednesday, and reports suggest that the judges were skeptical of the school district's argument that it had authority to punish online speech.  This is not surprising, as the students seem to have the better side of the argument on this one.  For more detailed treatment of this issue, see Mary-Rose Papandrea's excellent post - Schools Lack Authority to Punish Online Student Speech -- or her recently published article on the topic. . . ."
Sam Bayard, Federal Appeals Court Examines Two MySpace Student Speech Cases [9]

"On Monday, the Maryland Court of Appeals heard oral argument in a case requiring it to decide what showing an aggrieved plaintiff must make before a court will order a website operator to reveal the identity of an anonymous commenter.  Paul Levy of Public Citizen argued the case for Independent Newspapers, Inc. ('INI'), which publishes several community newspapers in the Eastern Shore area of Delaware and Maryland and hosts community forums on NewsZap.com.  This summer, Maryland real estate developer and business owner Zebulon Brodie subpoenaed INI, seeking the identity of three anonymous commenters to the NewsZap community forum for Centreville, Maryland, who allegedly had made false statements about Brodie.  The trial court ultimately ordered INI to reveal the identity of the anonymous posters, and the newspaper company appealed. This is a case of first impression in Maryland, and Mr. Levy is urging the state's highest court to join in the developing consensus among state and (lower) federal courts that 'only a compelling interest is sufficient to warrant infringement of the free speech right to remain anonymous' on the Internet. . . ."
Sam Bayard, Maryland High Court Hears Argument on Internet Anonymity [10]

"Today and tomorrow, Sam and I will be participating in the Internet & Politics 2008 conference at Harvard which is focused on examining how digital technologies reshape the practice of campaigning and the movement of political information. It's a rather exceptional group of participants (both on the dais and off), including campaign strategists from the Obama and McCain campaigns, political activists and organizers, political analysts, members of the media, and academics. The conference, which is sponsored by the Berkman Center for Internet & Society (which hosts the CMLP) and the Institute of Politics at Harvard's Kennedy School of Government, is structured around a 'working hypothesis' that attendees will be asked to debate.  Here is a snippet of some of the questions: 'Have digital information and communications tools enhanced 'classical' elements of political strategy, such as leadership formation, community-building, and coordinated action? Similarly, how are digital technologies influencing offline actions, for example, the ways campaigns contact and interact with potential constituents?' . . ." 
David Ardia, Internet and Politics 2008 [11]

"Katherine Evans, a former student at Pembroke Pines Charter High School in Florida, filed a federal lawsuit on Monday against the school's principal, alleging that he violated her First Amendment rights by suspending her for creating a Facebook group in which she criticized one of her teachers.  According to her complaint, Evans posted a photograph of her advanced placement English teacher on November 9, 2007, after school hours and from her home computer, in order to create a group for students to express their opinion about the teacher.  Evans herself wrote that the teacher is 'the worst teacher I've ever met!'  She also asked classmates to 'express your feelings of hatred' by posting comments on the page. . . . Based on the relatively banal statements Evans posted (and quickly took down), I think she has a pretty good argument that the suspension violated her First Amendment rights.  It doesn't hurt, of course, that she has the ACLU of Florida behind her. . . ."
David Ardia, Florida Student Sues Principal Over Suspension for Facebook Postings [12] 

"Last week, RDR Books withdrew its appeal of Judge Patterson's ruling that The Harry Potter Lexicon infringed J.K. Rowling and Warner Bros.'s copyrights in the Harry Potter books and movies.  RDR Books also announced that it will soon publish a revised version of The Lexicon, which author Steve Vander Ark has revamped to ameliorate concerns expressed by J.K. Rowling at trial and by Judge Patterson in his detailed decision finding that the original Lexicon was not a fair use.  Roger Rapoport of RDR Books told the Associated Press that the biggest difference between the two versions is that the revision contains 'a lot more critical commentary, which means more analysis.' . . . While there is no formal settlement agreement between the parties with regard to copyright claims, Rowling's agents issued a statement indicating that they 'are delighted that this matter is finally and favorably resolved.' . . ." 
Sam Bayard, RDR Books Withdraws Appeal, Prepares To Publish Revised Lexicon [13]