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Archive for the ‘First Amendment’ Category

California Superior Court Enters Judgement in Anti-SLAPP Suit By Debbie Rosenbaum – Edited by Steven Primeaux MagicJack, LP v. Happy Mutants LLC, Case No. CIV 091108 (Sup. Ct. Cal. Marin County, Jan. 5, 2010) Opinion (hosted by Boing Boing) On January 5, 2010, the Superior Court of California for the County of Marin entered judgment against plaintiff MagicJack, reiterating its May 2009 holding that MagicJack had not established a probability of prevailing on its claims against Boing Boing and ruling ... Read More...
Posted On Feb - 27 - 2010 Comments Off READ FULL POST
School Punishment of Online Speech: Evans v. Bayer By Stuart K. Tubis – Edited by Frank Sabatini Evans v. Bayer, No. 08-61952-CIV-GARBER (S.D. Fla. February 12, 2010) Slip Opinion The District Court for the Southern District of Florida granted in part and denied in part defendant’s motion to dismiss. The court dismissed the claim for injunctive relief to prevent Bayer from maintaining records of the suspension and to compel him to revoke the suspension nunc pro tunc. The court held ... Read More...
Posted On Feb - 22 - 2010 1 Comment READ FULL POST
Third Circuit Panels Rule Differently on MySpace Parody Cases By Abby Lauer – Edited by Alissa Del Riego Layshock v. Hermitage School District, No. 07-4465 (3d Cir. Feb. 4, 2010) Slip Opinion Snyder v. Blue Mountain School District, No. 08-4138 (3d Cir. Feb. 4, 2010) Slip Opinion Two different Third Circuit panels handed down seemingly contradictory decisions last week after considering whether offensive parody profiles of school principals created by students using MySpace outside of school were protected by the ... Read More...
Posted On Feb - 6 - 2010 1 Comment READ FULL POST
By Tyler Lacey Convicted Murderer Demands that Wikipedia Remove His Name from Victim’s Article On November 11, Wired reported that a convicted murderer in Germany has issued a cease-and-desist letter demanding that Wikipedia remove his name from his victim’s Wikipedia article. Wolfgang Werle murdered Bavarian actor Walter Sadlmayr in 1990, and was released on parole in 2007. The letter demands legal fees and compensation for “emotional suffering” caused by the publication of Werle’s name in connection with the murder since ... Read More...
Posted On Nov - 14 - 2009 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...