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Denying Anti-SLAPP Coverage, Massachusetts High Court Draws Activist/Journalist Boundary

A ruling by the highest court in Massachusetts could impact the methods that activists use to advocate their causes, by setting a boundary between activism that is protected by the state's anti-SLAPP statute and factual reporting, which is not.

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Pete Bouchard and the Battle Against Bogus Takedowns

I'm not one for local news broadcasts. When I do watch, it's to enjoy the unintentional humor brilliantly parodied by those like the Onion News Network.

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Wikileaks Needs Financial Help

I have a pet theory that perfect informational transparency would make the world a more civil place.  Sure, it might be embarrassing to reveal our personal secrets and foibles to the world, but the tradeoff would be that you'd know when someone was talking out of both sides of their mouth.  In such a world, maybe that senator wouldn't be quite so holier-than-thou when the public knows about his penchant for underage prosti

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Online Media Legal Network Announces Partnership with National Freedom of Information Coalition

The Citizen Media Law Project is pleased to announce that its Online Media Legal Network (OMLN) is partnering with the National Freedom of Information Coalition (NFOIC) to assist with freedom of information lawsuits and to provide online journalists with FOI information and assistance.  We are honored to join forces with NF

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Each Man an Island? Record Industry Denies that Three Strikes Ban Will Be Collective Punishment

No man is an island, no man stands alone
Each man's joy is joy to me
Each man's grief is my own
We need one another, so I will defend
Each man as my brother
Each man as my friend

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Open Government Data Presents New Journalism Opportunities and Legal Challenges

It’s been a long time since a printed newspaper delivered to your doorstep or purchased on your way to work was the only way to get your daily dose of news.

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EMI/Vimeo Lawsuit Leaves Lip-Dubbers Speechless

A group of friends gathered after work a few years ago to record what may be now the most popular performance of Harvey Danger's "Flagpole Sitta." In a video that has since been viewed more than 2 million times on Vimeo, the 30 or so friends took turns lip-syncing, dancing and then ultimately falling to the floor as a group at the son

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Did the US Enable Chinese Hackers to Crack Google?

If you're a regular user of the Webtubes—and if you're reading this blog, you probably are—you're well aware of the kerfuffle that ensued after Google's decision to cease its search-engine operations in China.  And naturally, it's now become a political issue between the US and China.  A recap, in brief:

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Courts In Colorado, Maryland, New Jersey, Florida Declare Mistrials After Juror Internet Research

Appeals courts in Colorado, Maryland and New Jersey are the first to reverse jury verdicts because of social media use by jurors during trial.

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Florida Court Restricts Reporter's Use of Laptop During Murder Trial

As if there hasn't been enough judicial scrutiny of live media coverage during ongoing trials recently, last week a Florida court banned a Florida Times-Union reporter from live-blogging during a high-profile murder trial in the Fourth Judicial Circuit Court of Duval County, Florida.

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Landlord's Defamation Suit Against Tenant Over Moldy Apartment Tweet Dismissed

Andrew Wang of Chicago Breaking News reports that an Illinois judge has dismissed Horizon Realty Group's defamation lawsuit against Amanda Bonnen. Surely you remember this gem from last summer?

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The Free Citizen as a Nuisance

"I'm willing to admit that the policeman has a difficult job, a very hard job. But it's the essence of our society that the policeman's job should be hard. He's there to protect, protect the free citizen, not to chase criminals, that's an incidental part of his job. The free citizen is always more of a nuisance to the policeman than the criminal. He knows what to do about the criminal." - Orson Welles

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The Digital Riddle: When Sex Laws Meet the Internet, Confusion Reigns

Predictability is important when it comes to the law. Citizens should know what sort of punishment they should expect for engaging in criminal behavior. If offends our notions of justice when wildly different sentences are handed down for similar crimes.

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The Double-Edged Sword of Online Free Speech

From a functional perspective, I think that the First Amendment is the most important amendment in the bunch, because it ensures that the people can denounce any injustices the government perpetrates.  To be sure, various other amendments bar greater evils than censorship—the Thirteenth Amendment ban of slavery springs to mind as an obvious example.  But I'd argue that, without the First Amendment, banning su

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Commentary on Obama/Palin Image Generates Questionable DMCA Takedown Notice

Last Friday, political commenter and blogger Patrick Frey of Patterico's Pontifications found a chilly email waiting in his inbox.

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Supreme Court Blocks Video Streaming of Prop 8 Trial

YouTube Court This afternoon, the Supreme Court put the final kibosh on video streaming of the Prop 8 trial to five federal courthouses around the nation.  The Court stayed U.S. District Judge Vaughn Walker's order permitting the broadcast.  The stay will remain in force for the foreseeable future, putting an end to the controversy for practical purposes.

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Will This Revolution Be YouTubed?

YouTube CourtThere are a couple of laws in California that the U.S. Supreme Court should consider before it announces tomorrow whether or not the Proposition 8 trial can be broadcast on YouTube: § 240 and § 422.  These two laws don't address same-sex marriage, discrimination, or even access to courts, as you may have expected.  Instead, these sections of the California Penal Code make it a crime to either assault or threaten to use violence against another person. 

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Google's "Oprah" Moment, Gwyneth Paltrow's Rave, and Two Tests for FTC's Endorsement Guides

It could have been a moment right out of The Oprah Winfrey Show.  But instead of the entire audience getting Pontiac G6s (click here for a fun mash-up video of that big event), all the reporters attending the unveiling of Google's new Nexus One mobile phone on January 5 were given a special offer: they could get one of the phones for free, or to opt for a free, 30-day trial, after which the phone will be returned (loan agreement). (The free offer is mentioned in the 1:55 p.m. posting on this Wall Street Journal live blog of the press conference.)  It appears that some other reporters who were not at the event also got the phones.

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What’s in the Box?! Piercing the Pointless Secrecy of ACTA

I could tell you but then I’d have to kill you. – Tom Cruise, Top Gun

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Massachusetts High Court Applies Fair Report Privilege to Anonymous Account of Closed Meeting

As both a journalist and a techie, I'm pretty keen on the free flow of information, and thus pretty keen in turn on the importance of protecting journalists, both professional and citizen, who are in the business of facilitating that flow. So it was reassuring to see that the Massachusetts Supreme Judicial Court ruled on the side of the angels this week in the case of Howell v. Enterprise, granting protection from libel claims to reporters who fairly and accurately report official government proceedings.

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