Ninth Circuit Adopts National Obscenity Standard in Adult Website Spam Case By Ian B. Brooks – Edited by Alissa Del Riego United States v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has affirmed the District Court for the District of Arizona, which had convicted and sentenced defendants Jeffery Kilbride and James Schaffer of transporting obscene materials for sale. The Ninth Circuit held that a national community standard “must be applied in regulating obscene speech on ... Read More...
Archive for the ‘First Amendment’ Category
By Tyler Lacey Gamer Appeals Ban from Sony’s Playstation 3 Network On September 22, 2009, the United States District Court for the Northern District of California dismissed Erik Estavillo’s lawsuit against Sony. Fox40.com reports that Estavillo was banned from Sony’s Playstation 3 Network after allegedly uttering “racial and homophobic slurs to other online gamers.” Estavillo alleged that his freedom of expression was abridged, and likened Sony’s network to a company town. The district court dismissed Estavillo’s First Amendment claims, stating: ... Read More...
Back to Drawing Board for Pa. State Legislature in Protecting Trademark Holders By Brittany Blueitt – Edited by Stephanie Weiner Commonwealth of Pennsylvania v. Omar, No. J-162A-B-2008 (Pa. Oct. 5, 2009) Majority Opinion (Baer, J.) Concurring Opinion (Castille, J.) Dissenting Opinion (Eakin, J.) Dissenting Opinion (Greenspan, J.) On October 5, the Supreme Court of Pennsylvania affirmed two consolidated Centre County Court of Common Pleas decisions dismissing criminal trademark counterfeiting charges on the ground that Pennsylvania’s Trademark Counterfeiting Statute, 18 Pa. ... Read More...
D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers By Anthony Kammer – Edited by Evelyn Breithaupt Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009) Opinion On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed. The Volokh Conspiracy notes that although the court limits its decision to defamation ... Read More...
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...
