Posts Tagged ‘online speech’

“SOPA: An Architecture for Censorship”

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”.

The case against SOPA/”Protect IP”


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.

Free speech and chilling effects roundup

  • “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]

“Supreme Court of Canada Stands Up for the Internet: No Liability for Linking”

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.

October 4 roundup

  • 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]

“It’s sad that we can’t…report on experiences freely”

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)

Message board liability threats, cont’d

Paul Alan Levy reports on the doings of one Florida lawyer who “touts his past presidency of the ‘First Amendment Lawyers Association'” but “is apparently not so keen on the free speech rights of others.” And, also via Levy, a court has vacated the troubling order discussed earlier adopting a weak standard for subpoenas identifying anonymous comments, in a case involving the Façonnable clothing concern.

June 14 roundup