Week of March 13, 2009 [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...

Arthur Bright analyzes an effort to stifle news reporting.
Wisconsin Athletic Association Fumbles with Lawsuit Over Paper's High School Football Webcast [2]

David Ardia highlights the issues bloggers should consider when deciding whether to publish anonymously.
Anonymous Blogging Guide [3]

Sam Bayard announces CMLP's participation in an amicus filing on a vital issue for freedom of the press. 
Coalition of Media Organizations Urges First Circuit to Reverse Dangerous Defamation Decision [4]

David Ardia reports on a creative attempt to get around the immunity provisions in Section 230 of the CDA.
Cook County Sheriff Sues Craigslist for Creating a "Public Nuisance" [5]

Sam Bayard comments on extending the reporter's privilege to bloggers who perform journalistic functions.
Virginia Blogger Invokes Reporter's Privilege to Challenge Subpoena Seeking Anonymous Commenters [6]

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Recent threats added to the CMLP database...

Thomas & Betts Corp. v. Does 1-50 [7]
Posted Mar. 12, 2009

Sienna/Johnson Development v. Calvin [8]
Posted Mar. 12, 2009

New York Times v. Newser [9]
Posted Mar. 11, 2009

Stillwater Lakes Civic Association v. Gorka [10]
Posted Mar. 11, 2009

Dart v. Craigslist, Inc. [11]
Posted Mar. 10, 2009

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Other citizen media law news...

Staples libel ruling concerns news media groups
boston.com [12] - Fri. 03/13/09

Expelled for Her Online Comments, Former Nursing Student Sues University
Chronicle of Higher Education [13] - Fri. 03/13/09

Copyright treaty is classified for 'national security'
CNET [14] - Thurs. 03/12/09

AP Blasts Obama 'Hope' Artist in Copyright Flap
Wired/Threat Level [15] - Wed. 03/11/09

Google's DMCA takedowns leaving bloggers high and dry
Ars Technica [16] - Sun. 03/08/09

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The full(er) Brief...

"High school athletics tend to be held out as an important tool for teaching youth important skills: teamwork, fair play, and hard work.  The Wisconsin Interscholastic Athletic Association ('WIAA') is adding one more lesson to the lesson plan: disrespect for freedom of the press. The Associated Press reports that the WIAA is suing The Post-Crescent of Appleton, Wisconsin; its parent company, Gannett Co.; and the Wisconsin Newspaper Association after the Post-Crescent webcast a high school football playoff game last November.  The WIAA claims that it owns any 'transmission, Internet stream, photo, image, film, videotape, audiotape, writing, drawing or other depiction or description of any game action, information or commercial used' of its games. Peter Fox of the Wisconsin Newspaper Association characterized the WIAA's claim as an 'uncomprehensible [sic] overreach' . . . ."
Arthur Bright, Wisconsin Athletic Association Fumbles with Lawsuit Over Paper's High School Football Webcast [2]

"Thinking about launching an anonymous blog?  There are lots of reasons you might want to publish your blog or website anonymously. For example, publishing anonymously may protect you from retaliation by those who don't like what you write. We've seen plenty of bloggers harassed or fired from their jobs for what they've written.  In some places, what you write could even threaten your safety or lead to your arrest or detention.  Keep in mind, however, that there are some practical considerations that you should think about before deciding to carry out your online publishing activities anonymously or pseudonymously. . . . As we discuss in the Potential Legal Challenges to Anonymity section of our legal guide, you should be aware that publishing anonymously will not necessarily stop someone from bringing a "John Doe" lawsuit against you and using court procedures to obtain your identity from your Internet service provider or web host. . . . If you do decide to publish anonymously, you'll want to be conversant with the technical means and other strategies you can use to disguise your IP address or make it difficult for someone to associate a specific IP address with you personally. On that front, our friends at Global Voices recently announced that they have updated their excellent anonymous blogging guide . . . ."
David Ardia, Anonymous Blogging Guide [3]

"Today, the Citizen Media Law Project joined numerous other media organizations and media law advocacy groups in filing an amici curiae brief urging the U.S. Court of Appeals for the First Circuit to grant rehearing en banc in Noonan v. Staples.  In Noonan, a three-judge panel of the First Circuit held that an outdated Massachusetts statute allowed a former Staples employee to hold the company liable for defamation based on a truthful email sent to employees explaining the reason for his termination, so long as he could prove that the email was sent with 'actual malevolent intent or ill will.'  In the decision, which Robert Ambrogi rightly called 'the most dangerous libel decision in decades,' the First Circuit declined to address the very substantial First Amendment issue raised by enforcement of a statute permitting defamation liability for truthful statements, explaining that Staples failed to raise the issue properly in its initial briefing.  Without even dealing with the constitutional issue, the court's opinion de facto carved out an exclusion from First Amendment protection for all statements of purely private concern in lawsuits brought by private-figure plaintiffs, at least for purposes of Massachusetts law. . . ."
Sam Bayard, Coalition of Media Organizations Urges First Circuit to Reverse Dangerous Defamation Decision [4]

"Last Thursday, Thomas Dart, the Sheriff of Cook County, Illinois, filed a lawsuit against online classified site Craigslist, claiming that the site is a 'public nuisance' because its users post ads in the 'erotic services' category that facilitate prostitution.  Yes, you read that correctly.  The top law enforcement officer in Cook County is using a civil lawsuit to go after Craigslist because he believes users of the site are creating a 'public nuisance.' The civil complaint, filed by the Sheriff in his official capacity, seeks an injunction, compensatory and punitive damages, and attorneys' fees.  According to Sheriff Dart, Craigslist creates a 'public nuisance' because its 'conduct in creating erotic services, developing twenty-one categories, and providing a word search function causes a significant interference with the public's health, safety, peace, and welfare.' Compl. ¶ 92. Craigslist CEO Jim Buckmaster says the Sheriff's actions are mystifying. That's an understatement, I think. . . ." 
David Ardia, Cook County Sheriff Sues Craigslist for Creating a "Public Nuisance" [5]

"Waldo Jacquith, the Virginia blogger targeted with an outrageously broad subpoena back in January (see my previous post), filed a brief last week arguing that he should not be required to turn over the IP addresses of those who viewed and commented on an article posted to his blog, as well as his email correspondence relating to the article.  Paul Alan Levy of Public Citizen, Josh Wheeler of the Thomas Jefferson Center, and Rebecca Glenberg of the ACLU of Virginia filed an excellent brief on behalf of Jacquith, arguing that the requested information is irrelevant, that the qualified reporter's privilege recognized in Virginia courts protects the information from disclosure, and that the commenters have a First Amendment right to remain anonymous. Most notably, the brief argues that bloggers who perform journalistic functions should enjoy the same privilege for sources and unpublished information that traditional journalists do . . . ."
Sam Bayard, Virginia Blogger Invokes Reporter's Privilege to Challenge Subpoena Seeking Anonymous Commenters [6]