free speech

Online Defamation, Injunctive Relief, and the Future of Prior Restraint

It's sitting there in pretty much every online speech-related defamation complaint you'll find: right along side a request for a visit from our friend Stacks O'Cash, the plaintiff asks for an injunction, forcing the defendant to take down the (allegedly defamatory) post.

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New Media Rights: Freedom of Expression must be respected in Wikileaks debate

New Media Rights joined the Electronic Frontier foundation and over 30 other groups in sending an open letter to U.S. lawmakers today, calling on government officials to respect freedom of expression in the debate over the whistle-blower website Wikileaks.

In the wake of Wikileaks' recent publications of U.S. diplomatic cables, some lawmakers have attacked newspapers' rights to report on the information in those documents. Other government officials have cast doubt on Americans' right to download, read, or discuss documents published by Wikileaks and even the news reporting based on those documents.

Rash legislation was proposed that could limit the free speech of news reporting organizations well beyond Wikileaks. In the open letter sent Wednesday, 30 groups, including New Media Rights, urged lawmakers to remember and respect constitutional rights as Congress continues to discuss the issues at stake.

How service providers deny users the right to counternotify for content removed by DMCA takedown notices

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New Media Rights recently heard from a blogger who received notification that a takedown notice was sent to their service provider, a website that hosts individuals blogs, and that the user’s content was removed.  However, the blogging service didn't

1) Identify the individual who requested the information be taken down OR

2) Specifically identify the infringing material

What's the problem?  This essentially destroys a users right to counternotify, allowing overreaching large content companies to control and remove Internet speech at will. 

Learn about the problem here, and learn how to fight back if you have content removed by a DMCA takedown notice.

First Circuit Webcasting Argument Stems From Long History of Rules on Cameras in Courts

On Wednesday, April 8, the First Circuit Court of Appeals in Boston heard oral argument (mp3) on whether a trial of a Boston University student sued for music downloading, Sony BMG Music v. Tenenbaum, should be allowed to be webcast live.  Federal district judge Nancy Gertner had agreed to allow the webcast, but the recording industry plaintiffs appealed.

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