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Archive for the ‘First Amendment’ Category

Gmail User’s Email Criticizing Sandals Resort Protected by First Amendment

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A New York appellate court will not force Google to release information about a user who sent an email critical of Sandals Resorts International Ltd. The user in question had sent an email to several people accusing Sandals in Jamaica of accepting state subsidies financed by Jamaicans but then hiring Jamaicans for only the lowest-paying […]

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Written by Michelle Fabio

June 2nd, 2011 at 7:11 am

Courtney Love Tweets Her Way Into Another Lawsuit

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Back in March, Courtney Love settled a Twitter-related lawsuit out of court, but she now finds herself again the defendant in a cause of action for tweeting an allegedly libelous statement. Last week, the San Diego law firm of Gordon & Holmes filed a complaint against Love for allegedly implying that one of its lawyers […]

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Written by Michelle Fabio

June 1st, 2011 at 7:26 am

Google Loses Defamation Case in Italy

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Once again Google is on the guilty end of the defamation stick in Europe — this time in Italy. An Italian court has upheld an earlier decision that held Google Instant’s autocomplete suggestions can be libelous. In this instance, an Italian businessman sued Google when a search for his name was completed with “truffa” and […]

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Written by Michelle Fabio

April 7th, 2011 at 9:43 am

Posted in First Amendment

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Real Estate Agents Lose Defamation Suit Against CBS Over CSI Episode

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If you do business with the writer of a television show, can the writer later use your name in a script without running afoul of defamation law? According to a three-judge panel of California’s second appellate district, the answer is yes — so long as the description of the character isn’t close enough to your […]

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Written by Michelle Fabio

March 9th, 2011 at 9:54 am

Posted in First Amendment,Privacy

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JRR Tolkien’s Estate in Battle Over New Novel

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The author and publisher of a book in which JRR Tolkien appears as a character has filed a lawsuit in federal court asking for a declaration from the court that it doesn’t need permission from the estate to produce the novel. According to the plaintiffs’ complaint for declaratory judgment (PDF) filed in the Western District […]

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Written by Michelle Fabio

February 24th, 2011 at 1:49 pm

Posted in First Amendment,Privacy

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Can a Blogger Be Sued for a Bad Review?

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A blogger in Kuwait has been sued by Benihana, a popular Japanese-style restaurant — and it all started with an unfavorable review. Mark Makhoul, a Lebanese expat blogger in Kuwait who writes TwoFortyEightAM, recently posted about a dining experience at Benihana in Kuwait. The post began innocuously enough with a physical description of the restaurant […]

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Written by Michelle Fabio

February 7th, 2011 at 10:00 am

Courtney Love Sued Over Tweets

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Courtney Love has been in an ongoing battle with fashion designer Dawn Simorangkir over alleged non-payment for clothes, but when the feud spilled over into social media, things really got serious — as in, Simorangkir has sued Love over allegedly defamatory postings on Twitter, MySpace, and Etsy.com. The postings in question include Love’s calling Simorangkir […]

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Written by Michelle Fabio

January 11th, 2011 at 9:39 am

Can You Be Sued for Something You Write on Your Blog?

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Is your blog protected speech? Are you allowed to make defamatory statements without legal consequences? Joe Escalante, Esq. explains why you can be sued for blog content. Want more from Attorney Joe Escalante? Check out Free Joe Friday, where Joe answers your legal questions for free on our Facebook page. Check out all our legal […]

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Written by Carrie Yutzy

January 10th, 2011 at 7:40 am

Amazon and ACLU Resist Release of Customer Information

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The American Civil Liberties Union (ACLU) has entered the fray between the state of North Carolina and Amazon.com over the release of customer information. North Carolina wants sales tax money from purchases made through Amazon.com by state residents, but in order to collect, they’d need names, addresses, and a description of the items sold. Amazon.com […]

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Written by Michelle Fabio

October 21st, 2010 at 1:14 pm

Actor Files Defamation Suit Based on Twitter Posting

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When Twitter user “bwayanonymous” tweeted “Which Avenue Q cast member gave Marty Thomas crabs?,” Broadway actor Marty Thomas didn’t think it was very tweet-tastic. In fact, he found it defamatory and subsequently filed a lawsuit with the New York Supreme Court claiming the tweet was not only “malicious and false” but also seen by colleagues […]

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Written by Michelle Fabio

October 18th, 2010 at 9:54 am