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Archive for the ‘First Amendment’ Category

Blogger Status Fails to Provide Journalistic Protection under N.J. Shield Law By Ian B. Brooks – Edited by Amanda Rice Too Much Media, LLC v. Hale, Case No. MON-L-2736-08, (N.J. Super. Ct. Law Div. June 30, 2009) Slip Opinion The Monmouth County Superior Court of New Jersey held that the Defendant, blogger Shellee Hale, was not entitled to the protections of a newsperson under New Jersey’s Shield Law. Although Hale claimed that her posts on an Internet message board were ... Read More...
Posted On Jul - 13 - 2009 Comments Off READ FULL POST
Social Networks Shielded from Liability for Sexual Assaults By Debbie Rosenbaum – Edited By Amanda Rice Julie Doe II et al. v. MySpace Inc., Case No. B205643, (Cal. Ct. App. June 30, 2009) Opinion On June 30, the Second District Court of Appeals in Los Angeles affirmed the judgment of the lower court and held that online social networks and other websites cannot be held liable for a sexual assault on a minor that stems from an online meeting. The ... Read More...
Posted On Jul - 10 - 2009 Comments Off READ FULL POST
Content by Vera Ranieri Google Sued for Use of Trademarked Terms in Adwords Program A class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy. ACLU Challenges Constitutionality of Gene Patents The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
District Court Upholds First Amendment Challenge to the URAA By Caitlyn Ross – Edited by Stephanie Weiner Golan v. Holder D. of Colorado, April 3, 2009, No. 01-cv-01854-LTB Memorandum Opinion (hosted by the Stanford Fair Use Project) On April 3rd, the United States District Court for the District of Colorado granted plaintiff’s motion for summary judgment, upholding the First Amendment challenge to Section 514 of the Uruguay Round Agreements Act (URAA), codified in 17 U.S.C. §104A. The case was on ... Read More...
Posted On Apr - 13 - 2009 Comments Off READ FULL POST
Maryland’s Highest Court Adopts Dendrite Standard for Unmasking Anonymous Forum Posters in Defamation Actions By Evan Kubota –- Edited by Miriam Weiler Independent Newspapers, Inc. v. Brodie Court of Appeals of Maryland, February 27, 2009, No. 63 Opinion On February 27th, the Court of Appeals of Maryland reversed a lower court’s order compelling discovery of the identities of five anonymous Internet forum posters in a defamation action. The court had granted certiorari on its own initiative.  While the court’s holding ... Read More...
Posted On Mar - 6 - 2009 Comments Off READ FULL POST
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