Hands Off, Courts: Privacy And Anonymous Speech

Jun 03, 14 Hands Off, Courts: Privacy And Anonymous Speech

Posted in First Amendment, Litigation, Litigation, Privacy

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Rather than the traditional invocation of the First Amendment, the California Second District Court of Appeal recently protected anonymous speech using a state constitutional privacy rationale. This case arose in amidst allegations by UMG Recordings of Escape Media Group’s...

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No Summary Judgment For Court Admin Who Stopped Assigning Cases To Attorney After Facebook Post

Jun 02, 14 No Summary Judgment For Court Admin Who Stopped Assigning Cases To Attorney After Facebook Post

Posted in First Amendment, Litigation

In Butler v. Edwards-Brown, the plaintiff is an attorney in Michigan, who occasionally received assignments from the Washtenaw County Probate Court. Then this happened: In April 2012, Plaintiff made a comment on Facebook about the performance of the Clerk’s Office at the Washtenaw Probate Court, specifically with regard to a...

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Court Upholds Law Banning Electronic Communications That Solicit Sex With Minors

May 29, 14 Court Upholds Law Banning Electronic Communications That Solicit Sex With Minors

Posted in Criminal, First Amendment, Litigation

Appellant Ronald Arganbright, a trooper with the Oklahoma Highway Patrol, was convicted of “Lewd or Indecent Acts to a Child under 16 (Count I)… and Soliciting Sexual Conduct or Communication with Minor by Use of Technology (Count II)”. The latter count is of interest to us today, as Arganbright appealed, arguing...

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Top New York Court Protects The Right To Annoy

May 27, 14 Top New York Court Protects The Right To Annoy

Posted in First Amendment, Litigation

By IT-Lex Intern Kristin Bergman (Twitter / LinkedIn) Anyone that thinks that the world of academia is dull, is in for a surprise with a recent decision from New York’s highest court. As we wrote over a year ago, (then disbarred) attorney Raphael Golb “concocted an elaborate scheme” impersonating scholars in emails and posting...

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“No Blogging About Your Family” Is A Valid Condition Of Probation

An appeals court in New Jersey recently issued an opinion in a family law case that dealt with some pretty interesting issues concerning blogging and prior restraints. After a couple’s divorce, the husband (J.M.) received custody of their two children. After a scheduled visit, the wife (H.L.M.) failed to drop the children off...

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Ex-Boyfriend’s Cyberstalking Conduct Not Protected By First Amendment

May 19, 14 Ex-Boyfriend’s Cyberstalking Conduct Not Protected By First Amendment

Posted in First Amendment, Litigation

After a break-up, defendant Sayer “persistently stalked and harassed Jane Doe for over four years.” Initially he’d show up at places where he knew Jane Doe would be, forcing her to change her routine and give up various activities. Then he took things online: Sayer started to use the internet to induce anonymous...

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