Blogs

When Art Imitates Life: Suing for Defamation in Fiction

CMLP received an email from a novelist asking us how far she can take the advice, "write what you know." Would she risk being sued for libel if she based a character in her fictional work on a person she knows and dislikes in real life? Could she be held accountable if her fictional work were actually semi-autobiographical and described not only her own real-life actions, but also those taken by others?

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Reminder: Media Law Conference for Journalists, Bloggers and Other Digital Media

We're pleased to announce that the Citizen Media Law Project at Harvard's Berkman Center for Internet & Society and the Center for Sustainable Journalism at Kennesaw State University are co‐hosting a conference on September 25, 2010 entitled "Media Law in the Digital Age: The Rules Ha

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Who's Afraid of the News Aggregators?

As anyone who has been following the debate regarding the "future of journalism" knows, there have been a lot of ink (and bytes) spilled arguing over the role news aggregators are playing in the "decline" of traditional journalistic models.  Rupert Murdoch has labeled the practice of news aggregation by entities like Google News "

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FTC Flexes Blogger Rules Again

The Federal Trade Commission has reached a second settlement with a marketer over apparent violations of the Commission's rules requiring disclosure of compensated endorsements, particularly on blogs and social media, as well as other contexts in which the compensation (which may include free samples or discounts) is not "reasonably expected by the audience."

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Hey, When Did This Slope Get so Slippery? The Danger of Self-Surveillance in Three-Strikes Internet Laws

I recall a Twilight Zone episode with a great twist: a man, in order to win a bet that he could stay quiet for an entire year, has had his vocal cords severed. The idea being, it is particularly gruesome to imagine a human being rendered mute for money.

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Back in Court, GateHouse Gives Not Great News Based on Creative Commons License

GateHouse Media, Inc., a publisher of local newspapers is suing That's Great News, LLC (TGN) in Illinois federal district court, claiming breach of contract and copyright infringement.

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The Giving ISP: White House Wants to Ensure Quick and Easy Warrantless FBI Snooping

I love reading Shel Silverstein’s The Giving Tree, but it always makes me a little bit sad. Commenting on need, devotion, and mortality, the story revolves around a tree that gives up everything to please a boy. I’ve always kept my eye out for a similar book.

FTC Seeks to Clarify -- and Justify -- Its Blogger Endorsement Guidelines

The Federal Trade Commission recently issued a factsheet in response to questions it received about its revised guidelines requiring disclosure of compensated endorsements.

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The Killing Joke: We Debate Broadband Access Definitions as Library Hours Plummet

"Man goes to doctor. Says he's depressed. Says life seems harsh and cruel. Says he feels all alone in a threatening world where what lies ahead is vague and uncertain. Doctor says 'Treatment is simple. Great clown Pagliacci is in town tonight. Go and see him. That should pick you up.' Man bursts into tears. Says 'But, doctor...I am Pagliacci.'" - Rorchach's Journal, Oct.

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Ninth Circuit Weighs In On Internet Anonymity, Consumer Griping At Risk

The Ninth Circuit Court of Appeals issued a decision last Monday in In re: Anonymous Online Speakers, No. 09-71265 (9th Cir.

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Appeals Court to Filmmaker: Turn Over Your Footage to Chevron

A federal appellate court has issued a swift ruling, in a high profile reporter's privilege case, that requires a filmmaker to surrender some of his unpublished footage to a powerful oil company.

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Won't Someone Think of the Children! Massachusetts' Unconstitutional Attempt to Break the Internet

It is a good thing to want to protect children from the vulgarity of the world. Accordingly, states have adopted prohibitions on exhibiting or selling harmful material to minors. These laws make sense, in that we usually don’t want sex shops selling pornography to kids. But occasionally the legislature goes a bit insane and decides that, in order to fully protect the children, we need to criminalize or block off whole sections of the Internet.

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Louisiana Joins Unconstitutional Cyber-Bullying Statute Club

The first rule of Unconstitutional Cyber-Bullying Statute Club is you do not talk about Unconstitutional Cyber-Bullying Statute Club.

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7th Circuit Holds Blogger Can Be Prosecuted For Threatening Juror

An alleged white supremacist can be prosecuted under a federal solicitation statute for posting on his blog the name, address and photograph of a juror who helped convict the "leader of a white supremacist organization" of soliciting the murder of a federal district court judge and obstruction of justice, the federal Seventh Circuit Court of Appeals held in a ruling in late June. U.S. v. White, No. 09-2916 (7th Cir. 2010).

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N.C. Judge Unmasks Pseudonymous Blog Commenters

A North Carolina trial court recently ordered the editor of the local community blog Home in Henderson to turn over the names and addresses of six pseudonymous commenters who allegedly defamed former Vance County commissioner Thomas S. Hester, Jr.

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Court Battle for Filmmaker's Footage Spurs National Debate on Reporter's Privilege

A filmmaker's fight against an oil company seeking his raw documentary footage has spurred a national debate on the reporter's privilege, pitting media organizations and filmmakers against powerful corporations and criminal defense attorneys.  At stake is the breadth of the protection given to unpublished newsgathering materials and, ultimately, the basic trust between journalists and their sources.

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Public Engines to World: Look, But Don't Touch the Crime Data

funny pictures of cats with captionsEarlier this spring, Public Engines, Inc. sued ReportSee, Inc. in federal district court in Utah.

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An Ounce of Prevention: Protecting yourself against online retaliation

Last week I discussed recent news stories highlighting the dangers of online retaliation. At worst, this form of retaliation chills speech and threatens critical reporting.

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