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D.C. High Court Joins Consensus Protecting the Anonymity of Online Speakers

Last Thursday, the District of Columbia Court of Appeals weighed in on what procedural safeguards are necessary to protect the rights of Internet users to engage in anonymous speech.  In Solers, Inc. v. Doe, the D.C.

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Yes We Cannabis: Another Obama Photo Sparks Fair Use Controversy

Is it fair use to recast an iconic photograph of President Obama to send a political message?  You've got to hand it to the National Organization for the Reform of Marijuana Laws (NORML) for adding a humorous dimension to this now-familiar question:

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The New Intellectual Arms Trade: Amazon and B&N as Literary God-Emperors

When we were kids, we couldn’t wait for the future to hurry up and get here. Flying cars, pills for food, conveyor belts, the works.

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“Crass and Uncouth” MySpace Posting not Grounds for Expulsion

Once again, the powers that be are all in a tizzy because of content on a social network.  Joining the ranks of city officials, private employers, and high school administrators in sanctioning speech online is the dean of a nursing school.  As in the Houston’s Restaurant case, however, her non-proportional response has been corrected by a court of law.

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The Internet is Keeping Employment Lawyers Busy

The recent economic downturn has been hard on lawyers.  Inhouse legal departments are downsizing. Firms are conducting layoffs and cancelling summer programs.

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Employers Are Freaking Out About Twitter and Facebook, Study Shows

There has been no shortage of anecdotal evidence suggesting that using social media like Facebook or Twitter can sometimes jeopardize your job.  Back in March, a Philadelphia Eagles employee lost his job when he posted a Facebook status update lamenting free agent Brian Dawkins' signing with the Denver Broncos.  Around the same time, a Twitter user jeopardized a job offer at Cisco by tweeting "Now I have to weigh t

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Florida Sees Gangs in Social Networks, and Prosecutes

In what appears to be the first use of a new Florida law that criminalizes the promotion of gangs on the Internet, the Lee County Sheriff’s Office arrested 15 men over the contents of their MySpace pages, which prosecutors claim advertised and promoted gang membership.

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Another One Bites the Dust: Roommates as a Hail Mary for Frivolous Lawsuits

Yet another lawsuit that probably should never have been brought has been dismissed due to Section 230 of the Communications Decency Act ("

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Twitter, WordPress, Ning, and GoDaddy Dragged Into Defamation Lawsuit Over Condo Building

Daniel Neiditch, President of the Board for Atelier Condos on West 42nd Street in New York City, filed a lawsuit last Wednesday against two condo owners and three former employees, alleging that they published defamatory statements on various websites and blogs (defunct), as well as on Twitter (also defunct).

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The Show Must Go On: Iran’s Mass Trial and its Losing War on Bloggers

Iran’s campaign to protect the results of the June 12 double-plus de

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Rhode Island Judge Pokes Free Speech on Facebook

Restraints on speech prior to publication are almost never OK. It wasn't OK in the 1930s when Minnesota tried to enjoin the publication of an anti-Semitic newspaper. It wasn't even OK in the 1970s when the U.S. government tried to prevent The New York Times and The Washington Post from publishing the top-secret Pentagon Papers.

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The AP of Oz: Associated Press Prohibits Reporters from Peeking Behind its False DRM Curtain

Last Friday, the Associated Press briefly became the Great and Powerful Wizard of Oz. It announced, in a booming press release, an “initiative to protect news content from unauthorized use online.” To accomplish this feat, the AP will use an informational “wrapper” embedded in its product.

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Educators Reprimand Student for Private Facebook Messages

The Supreme Court once famously said that public school students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”  Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S.

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Management Company Sues Renter Over Twitter Post

Horizon Realty Group, an apartment leasing and management company in Chicago, filed a defamation lawsuit last week against a former tenant, Amanda Bonnen, over a tweet she posted about the company on Twitter.  According to the complaint, filed in Cook County Circuit Court, Bonnen posted the following tweet on May 12, 2009: 

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CMLP Releases Second Newsgathering and Privacy Video for YouTube Reporters' Center

We are proud to announce the release of Newsgathering and Privacy Part 2 - Stay on the Story, Don't Become the Story!, the second of two short videos addressing the legal issues people are likely to face as they head out with camera in hand to cover the news.

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New York Attorneys Want Devices in Federal Court, But Only for Themselves

Attorneys in New York are hot and heavy (or should that be a-Twitter?) over rules being drafted by the Southern District of New York's Ad Hoc Committee on Cell Phones that may place severe restrictions on bringing electronic devices into the Daniel Patrick Moynihan U.S. Courthouse in lower Manhattan.

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British Court Clears Google of 'Defamatory' Search Results, But It Still Sucks to be a Web Host in Britain

As nearly every American lawyer knows, London is the libel capital of the world.  There are a bunch of reasons why, of course: defendants have the burden of proving the truth of their statements; neither negligence nor actual malice is required for liability; there's no distinction between public and private figures; etc.  But regardless of the reasons, Great Britain is the place to sue for defamation.  Heck, it's so b

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The Future of Digital Book Burning: Why Remote Line-Item Retraction is Scarier than Remote Volume Deletion

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News Flash: Watching the Erin Andrews Video Is Perverted, Not Illegal

CBS News is reporting that downloading or watching the peephole video of ESPN reporter Erin Andrews walking around naked in a hotel room is a crime:

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