defamation

Social networking sites and online message boards are an integral part of the Internet. Those websites are able to provide unfettered forums for the exchange of ideas because they enjoy certain legal immunities. But, those immunities are eroding. The Digital Millennium Copyright Act (DMCA) provides immunity from copyright infringement, and 47...

by Jay Marshall Wolman Readers of this blog know that Marc is giddy that the Federal Trade Commission has sued Roca Labs.  One of the more interesting features of the suit is that the FTC argues that legal action arising from negative reviews, which the FTC terms "gag clause practices": not only...

Class, please watch the following video. There will be a quiz afterward. [youtube=https://www.youtube.com/watch?v=6N8z2WIYr4M] [polldaddy poll=8417047] "Potato" is the credited response. Remember, it is not which answer is "correct," but which is the "best" answer. Nevertheless, science author Paul Brodeur reportedly seeks $1m from the producers of American Hustle...

If you don't know what the deal is with prior restraint, here, watch: [youtube=https://www.youtube.com/watch?v=pn-kxUEySy0] There. Simple. Right? THE SUPREME COURT HAS ROUNDLY REJECTED PRIOR RESTRAINT! I wish I could just submit that clip to the next judge who even considers granting one. Just hold up a chromebook with...

I've been involved in the debate over whether we should criminalize "revenge porn." As much as I despise the practice, I don't agree with new criminal laws to punish it. In fact, I just spent some time on a panel at Stanford Law School, in the company of...

It's an all-too-common scenario: A blogger criticizes someone online, and then gets sued for his statements.   But two things make this case unique: First, the plaintiff sued because of the blogger's characterizations of him shooting two dogs at close range; second, the defendant blogger was in Florida - and...

By Reed Lee, Esq. Today rings in the 50th anniversary of the SCOTUS decision in New York Times v. Sullivan. In my view, this was the single most important free speech case the United States Supreme Court has ever decided. Alexander Mieklejohn described the Sullivan decision as "an occasion...

[caption id="attachment_18317" align="alignleft" width="175"] Nevada's Anti-SLAPP law, freshly signed. [/caption]You may have noticed that the writing has been a bit slow as of late. Well, one of the things that has been taking our attention away has been an all-hands effort up in Carson City, working on getting...