Overlawyered » online speech http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Posited “right to be forgotten online” http://overlawyered.com/2012/01/posited-right-to-be-forgotten-online/ http://overlawyered.com/2012/01/posited-right-to-be-forgotten-online/#comments Mon, 30 Jan 2012 00:02:16 +0000 Walter Olson http://overlawyered.com/?p=27215 This idea, gaining some currency in Europe, would require government to get deeply into the control of privately published information content [Adam Thierer, Scott Greenfield]

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]]> http://overlawyered.com/2012/01/posited-right-to-be-forgotten-online/feed/ 2 Ron Paul campaign sues John Does over anti-Huntsman video http://overlawyered.com/2012/01/ron-paul-campaign-sues-john-does-over-anti-huntsman-video/ http://overlawyered.com/2012/01/ron-paul-campaign-sues-john-does-over-anti-huntsman-video/#comments Thu, 19 Jan 2012 20:32:22 +0000 Walter Olson http://overlawyered.com/?p=26978 “Presidential candidate Ron Paul’s campaign committee sued the unidentified makers of a video attacking ex-Republican rival Jon Huntsman claiming it falsely implies it was made or endorsed by the Texas congressman.” [Bloomberg] Paul Alan Levy contends that Rep. Paul, a longtime civil liberties advocate, should know better than to advance arguments that would if accepted narrow the legal protections afforded to anonymous political speech.

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]]> http://overlawyered.com/2012/01/ron-paul-campaign-sues-john-does-over-anti-huntsman-video/feed/ 4 SOPA fight heats up http://overlawyered.com/2011/12/sopa-fight-heats-up/ http://overlawyered.com/2011/12/sopa-fight-heats-up/#comments Thu, 29 Dec 2011 05:54:34 +0000 Walter Olson http://overlawyered.com/?p=26489 Brad Plumer in the Washington Post summarizes the provisions of the bill as well as the state of play on it in Congress as of mid-month. Although much commentary has assumed that persons determined to visit blocked sites could readily find ways around the SOPA restrictions, David Post notes that the draft bill authorizes the Attorney General to seek injunctions against persons who assist in circumventing the law, which might include websites that publish “here’s how to evade SOPA blocking” information. Timothy Lee at ArsTechnica notes growing opposition to the bill among conservatives, while Joshua Kopstein at Motherboard reviews a comic markup session. Meanwhile, “Gibson Guitar & Others On SOPA Supporters List Say They Never Supported The Bill” [Mike Masnick, TechDirt] Earlier here and here.

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]]> http://overlawyered.com/2011/12/sopa-fight-heats-up/feed/ 3 “SOPA: An Architecture for Censorship” http://overlawyered.com/2011/12/sopa-an-architecture-for-censorship/ http://overlawyered.com/2011/12/sopa-an-architecture-for-censorship/#comments Wed, 21 Dec 2011 15:09:53 +0000 Walter Olson http://overlawyered.com/?p=26370 The proposed law is being promoted as a way of blocking piratical “rogue” sites, but once it’s up and working, and internet providers have begun automatically blocking sites from a list continually updated by the government, it won’t stop with copyright and trademark infringers. Extending the interdiction to other sorts of sites will be a relatively simple and straightforward matter:

With the legal framework in place, expanding it to cover other conduct — obscenity, defamation, “unfair competition,” patent infringement, publication of classified information, advocacy in support of terror groups — would be a matter of adding a few words to those paragraphs.

How long before a sentimental Congress yields to demands to block suicide- or anorexia-promotion sites, or perhaps those accused of glorifying the taking of illegal drugs or profiting from depictions of animal cruelty? [Julian Sanchez, Cato, more; earlier] More: Stephen DeMaura and David Segal, Roll Call (potential use against political candidates), Bill Wilson (ALG), The Hill, Stanford Law Review, “Don’t Break the Internet”.

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]]> http://overlawyered.com/2011/12/sopa-an-architecture-for-censorship/feed/ 8 The case against SOPA/”Protect IP” http://overlawyered.com/2011/12/the-case-against-sopaprotect-ip/ http://overlawyered.com/2011/12/the-case-against-sopaprotect-ip/#comments Wed, 14 Dec 2011 21:19:46 +0000 Walter Olson http://overlawyered.com/?p=26237
My Cato colleague Julian Sanchez argues that a bill rapidly moving through Congress would give far too much power to authorities to close down websites without due process, yet would be readily circumvented by actual IP pirates. More: Sanchez/Cato, BoingBoing, Declan McCullagh (software execs blast proposal), Derek Bambauer/Prawfs (”Six Things Wrong With SOPA”), Stewart Baker/Volokh.

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]]> http://overlawyered.com/2011/12/the-case-against-sopaprotect-ip/feed/ 4 Free speech and chilling effects roundup http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/ http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/#comments Mon, 28 Nov 2011 14:49:45 +0000 Walter Olson http://overlawyered.com/?p=25775
  • “Stamp Out Online Misogyny?” [Wendy Kaminer, Brendan O'Neill]
  • Jacob Mchangama of Danish think tank CEPOS on blasphemy laws and Islam-critical speech [Nov. 4 FedSoc., PDF]
  • Niall Ferguson to sue LRB scribe? “If he won’t apologise for calling me a racist, I will persecute him until he does” [Guardian; more, Atlantic Wire] New York judge quashes subpoena seeking to identify anonymous bloggers in rabbi-defamation suit [Paul Alan Levy]
  • “If bullying has gone down, how can it be a pandemic?” By broadening its definition to include such behaviors as “eye-rolling” and pointed non-invitation [Hans Bader/Examiner, Neal McCluskey/Cato]
  • “I strongly recommend an umbrella policy for all bloggers. Defending myself cost nearly $100,000, thankfully paid by insurance.” [@DianaHsieh]
  • Federal crime under CFAA to lie on the internet? [Kerr, more, yet more, Balko]
  • “Will Canada Repeal its Hate Speech Law?” [Peter Worthington, Frum Forum]
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    ]]>     http://overlawyered.com/2011/11/free-speech-and-chilling-effects-roundup/feed/ 1     “Supreme Court of Canada Stands Up for the Internet: No Liability for Linking” http://overlawyered.com/2011/10/supreme-court-of-canada-stands-up-for-the-internet-no-liability-for-linking/ http://overlawyered.com/2011/10/supreme-court-of-canada-stands-up-for-the-internet-no-liability-for-linking/#comments Thu, 20 Oct 2011 16:17:34 +0000 Walter Olson http://overlawyered.com/?p=25216 Sighs of relief after a decision in a defamation case (Crooks v. Newton) reported on earlier. [Michael Geist] Justice Abella:

    I would conclude that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers.

    Adventurous litigants in U.S. defamation cases have occasionally argued otherwise. On Canada, see also proposals to criminalize links to so-called hate speech.

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    ]]>     http://overlawyered.com/2011/10/supreme-court-of-canada-stands-up-for-the-internet-no-liability-for-linking/feed/ 1     October 4 roundup http://overlawyered.com/2011/10/october-4-roundup-2/ http://overlawyered.com/2011/10/october-4-roundup-2/#comments Tue, 04 Oct 2011 05:45:14 +0000 Walter Olson http://overlawyered.com/?p=24880
  • Mass torts specialists vs. vendor: “Prominent Plaintiffs’ Attorneys Ordered to Pay Up After Losing Breach of Contract Trial” [Above the Law]
  • “You’ll have to get it on the street” — NYC’s thriving black market in pesticides [NYT, more]
  • Benjamin Barton on his new book, “The Lawyer-Judge Bias” [Truth on the Market, earlier here, etc.]
  • Medicare will not press “secondary payer” liability clawback claims below $300 [Miller and Zois, PoL, NLJ]
  • Class action roundup: “Sleeper” Supreme Court case raises question of whether class action certification requires consumer harm [Fisher/Forbes] Important Easterbrook opinion in Aqua Dots case puts curbs on class certification [PoL, Fisher/Forbes, Beck] Frey, Mortenson et al.: “The non-fiction class action” [Trask, OUP blog; earlier here, etc.]
  • Free speech roundup: Canada proposal could criminalize linking to alleged hate speech [Hosting Industry Watch] More on Canadian denouncers of speechcrime [Ken at Popehat] You don’t say: “$60,000 Ruling Against Truthful Blogger Tests Limits of the First Amendment” [Citizen Media Law] What happens when a defamation plaintiff asks a court for a takedown order? [same] Argentina: subpoenas step up pressure on reporters, editors who report on economy [NYT via Walter Russell Mead]
  • Should the law punish energy companies whose operations kill birds? Depends on whose osprey is being gored [Perry]
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    ]]>     http://overlawyered.com/2011/10/october-4-roundup-2/feed/ 2     “It’s sad that we can’t…report on experiences freely” http://overlawyered.com/2011/09/its-sad-that-we-cant-report-on-experiences-freely/ http://overlawyered.com/2011/09/its-sad-that-we-cant-report-on-experiences-freely/#comments Thu, 29 Sep 2011 16:40:25 +0000 Walter Olson http://overlawyered.com/?p=24822 Reader Helene G. writes: “I recently joined our local mother’s club, and I received this message. It’s sad that we can’t use the mother’s club forum to report on experiences freely, without risk of being sued”

    “Our forums are a great help to many in our moms community. However, we have a very specific guideline relating to negative comments about an individual, company or indeed health clubs.

    Specifically, if you’ve had a negative experience with a vendor or individual, you need to use this format below. NO MATTER HOW BAD THE EXPERIENCE.

    ——-
    Message Title: Negative Experience at

    Message: I had a negative experience with . If you are thinking of hiring/using this vendor, please contact me.
    ——-

    I’m sorry that in some instances we cannot have more relaxed guidelines, but we have to protect our group. Thanks for understanding.”

    (& welcome Elie Mystal/Above the Law readers)

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    ]]>     http://overlawyered.com/2011/09/its-sad-that-we-cant-report-on-experiences-freely/feed/ 4     “How To Make A Mockery Of Your Own Law School: Sue Your Critics” http://overlawyered.com/2011/08/how-to-make-a-mockery-of-your-own-law-school-sue-your-critics/ http://overlawyered.com/2011/08/how-to-make-a-mockery-of-your-own-law-school-sue-your-critics/#comments Wed, 10 Aug 2011 05:55:18 +0000 Walter Olson http://overlawyered.com/?p=24204 Which is good advice for many other touchy sorts of plaintiffs too, not just for the Thomas M. Cooley Law School of Lansing, Michigan [Mike Masnick, TechDirt, earlier]

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