Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.
In a twist on the old adage "hard cases make bad law," Representatives Linda Sanchez (D-CA) and Kenny Hulshof (R-MO) introduced a bill (H.R. 6123) in the House on May 22 which, if passed, would be known as the Megan Meier Cyberbullying Prevention Act.
Bill McGeveran, a University of Minnesota law professor and friend of the CMLP, has published his article, "Four Free Speech Goals for Trademark Law" in the Media & Entertainment Law Journal, volume 18 (available at SSRN).
Last Thursday, a federal court in Georgia handed down a big win for free speech when it ruled that Wal-Mart could not use trademark law to stop a critic from disseminating his virulently anti-Wal-Mart views over the Internet. From Public Citizen's press release:
I've blogged before about the Savage v. CAIR lawsuit, in which the conservative talk show host claims that CAIR violated his copyright (and the Racketeer Influenced and Corrupt Organizations Act!) by posting and commenting critically on an audio clip from one of his shows, in which Savage makes all sorts of hateful and inaccurate claims about Muslims and the Islamic faith.
Glenn Greenwald accurately explains the grotesque result
of laws that seek to curb that amorphous problem of “hate speech” — a
concept that turns free speech on its head. And unlike many of his
colleagues on the political left, Greenwald explains why he’s defending
people whose speech frequently deserves contempt:
Follow the links from Electronic Frontier Foundation page on the bizarre Manalapan v. Moskovitz lawsuit to see a local government running wild against free speech. The town is suing to get the identity of -- and all kinds of other information about -- a critical anonymous blogger.
Following up on my earlier post about the $10.9 million jury verdict against Fred Phelps and the Westboro Baptist Church, I wanted to point our readers in the direction of some excellent commentary on the topic by Eugene Volokh at the Volokh Conspiracy.
Reports are emerging from Pakistan that President Pervez Musharraf has shutdown independent news media within Pakistan and limited access to the Internet. Musharraf appears to be using, at least in part, Pakistan's press licensing laws to effectuate this clampdown.
As mentioned in our previous post on the Phoenix New Times arrests, two Phoenix-area news organizations filed a motion on October 19 requesting the Arizona Superior Court to publicly release documents related to the New Times grand jury investigation, presumably including the subpoena that caused all the ruckus.
We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.