The Delaware Supreme Court has ruled that a defamation plaintiff is not automatically entitled to compel an internet service provider to lay bare the blogger’s identity, absent a showing of sufficient facts supporting the defamation case to defeat a motion for summary judgment. (J.L. Miller, “Del. court protects blogger’s identity”, WIlmington News-Journal, Oct. 6; Francis Pileggi, Oct. 6). Prof. Bainbridge (Oct. 6) calls it “a major win for bloggers and the First Amendment.”
Posts Tagged ‘bloggers and the law’
Blogger gets nastygram from Monsanto
Tom Philpott, whose Bitter Greens Journal is intended “as a running critique of industrial agriculture, a clearinghouse for info on sustainable farming, and a working manifesto for a liberation politics based on food” has run assorted short items on that blog under the heading “Roundup, Ready”. The phrase plays on the name of the herbicide-resistant “Roundup Ready” seed line of the giant Monsanto corporation, of which Philpott is predictably a fervent critic. Now a Monsanto lawyer has sent him a cease and desist letter warning him to drop the offending term or else. (Aug. 26, Aug. 29, Sept. 2). Monsanto is already notorious for suing a dairy in Maine on the free-speech-chilling theory that it was somehow unfair, misleading or deceptive for the dairy to boast in its advertising that its milk did not contain artificial bovine growth hormones, since there’s nothing wrong with the hormones; see Sept. 17, 2003.
Campaigns, blogs and free speech
S.F.’s move to regulate bloggers
…is now officially dead, reports Bill Quick (May 16)(via Instapundit)(see Apr. 6). The Federal Election Commission, on the other hand, remains a threat, according to Redstate.org (May 20)(also via Instapundit)(see Mar. 17, Mar. 31). More on campaign finance law and free speech: Jonathan Rauch, “McCain-Feingold at Rest”, National Journal/Reason Online, May 9.
Wal-Mart vs. Kevin Brancato
Kevin Brancato, a Ph.D. candidate at George Mason who heads the masthead at the economics blog Truck and Barter, also publishes a weblog entirely devoted to following the fortunes (policy and otherwise) of the Wal-Mart Corporation, by the name of AlwaysLowPrices.net (see our cites to it on Apr. 13, 2004 and Apr. 6, 2005). In contrast to the Wal-Mart-bashing line taken by so many other sites, Brancato frequently, though not invariably, rises to the defense of the company and the efficiencies of its way of doing business. This has done nothing to prevent Wal-Mart’s lawyers from sending him a cease and desist letter ordering him to vacate the name and URL “AlwaysLowPrices”, a phrase which is of course Wal-Mart’s service mark. (T&B, Apr. 5). Kevin Heller at TechLawAdvisor (Apr. 6) doesn’t think he stands much of a chance if Wal-Mart goes to court.
S.F. to regulate bloggers?
San Francisco to vote on regulating blogging
The San Francisco Board of Supervisors will vote April 5 on a proposed campaign finance regulation that would define “electioneering communication” to include weblogs that receive more than 500 hits from San Francisco voters. There would be a disclosure requirement (that must be made in a 14-point typeface) and potential reporting requirements. (via Southern California Law Blog and Personal Democracy Forum).
FEC and blogs
If you happen to blog about political/campaign issues from your employer’s computer at work, watch out: you may be caught in the web of campaign-finance regulation under draft rules from the Federal Election Commission. (Eugene Volokh, Mar. 23; Ryan Sager, “Mice and Free-Speech Cookies”, New York Post, Mar. 30; Log and Line; Captain’s Quarters). For more, see Mar. 4 and Mar. 17. More: May 20.
FEC regulation of blogs
Some unreassuring reassurances from Sen. Russ Feingold (Patterico, Mar. 15; via Instapundit)(see Mar. 4). More: And Ryan Sager uncovers evidence of astroturfing going on in the whole campaign-finance-reform business (“Buying ‘Reform'”, New York Post, Mar. 17; more at his blog here and here). More: Mar. 31, May 20.
Nastygram in Luskin’s inbox
Economics columnist and blogger Don Luskin, subject to criticism in this space and many others in 2003 when he threatened legal action against another blogger, is now himself being threatened with legal action by Worth Publishers, a company that publishes a textbook by frequent Luskin target Paul Krugman. Worth is alleging defamation and copyright violations arising from one of Luskin’s blog posts last December. Just One Minute has the details (Mar. 8).