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Legal Drama
U.S. Supreme Court (Finally) Kills Online Age Verification Law
In 1998, the U.S. Congress enacted the Child Online Protection Act (COPA), a law intended to control child access to sexually explicit material on the Internet. The law was immediately challenged on free speech and other grounds and its enforcement was delayed. After ten years of litigation, on January 22 the U.S. Supreme Court dealt the final blow to...
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Legal Drama
Can U.S. Laws Protect Online Speech from Foreign Libel Suits?
"...in cyberspace, the First Amendment is a local ordinance." That's a remark famously made in 1997 by John Perry Barlow, one of the co-founders of the Electronic Frontier Foundation. Barlow's complete statement is well worth re-reading but one implication of this particular remark is that the reach of American constitutional values may be limited by our country's physical borders. When...
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Legal Drama
Canadian Court Rules Linking to Libel Isn't (Necessarily) Libel
Linking to content is the essence of the online experience -- it's the "Web" in the World Wide Web. But there's a lot of legal gray area around linking, and surprisingly few court rulings providing guidance as to the circumstances when linking could result in liability. A court in Canada has now weighed in on the question of liability under...
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Legal Drama
Judges Rule Anonymous Commenters Protected by State Shield Laws
Political campaigns often produce a blizzard of ancillary election-related litigation -- for an example, just look to the 2000 presidential campaign. When the press reports anonymous accusations during an election campaign, sometimes that litigation involves lawsuits by candidates or public officials seeking to learn the identity of those anonymous sources. In many states, newspapers and other media can protect such...
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Legal Drama
Teacher Fired for Inappropriate Behavior on MySpace Page
It's not just students who can get into difficulty for school-related blogging. In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his MySpace page that were deemed...
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Legal Drama
Court Rules Print-on-Demand Service Not Liable for Defamation
Book publishers can be sued if they publish a book full of libelous statements because, the reasoning goes, a publisher should know what it prints. The publisher reviews the manuscript, edits and proofreads it, and distributes the finished book to retailers. It is involved in every part of the process. But the Internet has given rise to a new...
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