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Category Archives: DMLP
Third Circuit Vacates Andrew Auernheimer’s CFAA Conviction
The United States Court of Appeals for the Third Circuit has held that defendant Andrew Auernheimer’s conviction for violating the Computer Fraud and Abuse Act rested on an incorrect determination by the United States District Court for the District of New … Continue reading
Sixth Circuit Affirms Dismissal of Claims Against TripAdvisor
The Sixth Circuit issued an important decision today in Seaton v. TripAdvisor, LLC, a case concerning Tennessee defamation law and the scope of liability for online intermediaries that aggregate user-submitted content (in this case, hotel reviews). The Cyberlaw Clinic submitted … Continue reading
Posted in Amicus, CDA 230, Defamation, DMLP, First Amendment, Journalism
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Cyberlaw Clinic Defends Free Speech at Federal Appeals Court
Today the Cyberlaw Clinic filed an amicus brief in the case of U.S. v. Auernheimer on behalf of the Digital Media Law Project (DMLP), arguing that the First Amendment prohibits the government from punishing Auernheimer’s disclosure of true, newsworthy information, … Continue reading
Posted in Amicus, DMLP, First Amendment, Journalism
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Fee Award in ACLU v. Alvarez
Ars Technica and The Chicago Sun Times report on developments in ACLU v. Alvarez, a case out of the Northern District of Illinois that concerns applicability of the Illinois Eavesdropping Act to audio recordings of police officers carrying out their official duties in … Continue reading
Posted in DMLP, First Amendment, Journalism
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The DMLP Asks the Sixth Circuit to Safeguard Crowdsourced Research and Data-based Journalism
The Digital Media Law Project (formerly the Citizen Media Law Project), assisted by Harvard Law School’s Cyberlaw Clinic, has asked the Sixth Circuit to make clear that website operators that aggregate citizen reports and rely on that data to draw … Continue reading
Posted in CDA 230, Defamation, DMLP, First Amendment
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Mass SJC Rules in Barnes and Diorio, Rejecting Prior Restraints on Speech and Supporting Right to Stream and Archive Court Proceedings Online
In an important victory for freedom of speech, the Massachusetts Supreme Judicial Court issued a decision today in two related cases, Commonwealth v. Barnes andCommonwealth v. Diorio. The cases concerned WBUR‘s OpenCourt project, and the Court’s decision follows a long line of precedent in holding that courts generally may … Continue reading
Posted in DMLP, First Amendment, Journalism
Tagged CMLP, DMLP, First Amendment, Journalism
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CMLP and Cyberlaw Clinic Advocate First Amendment Scrutiny in Hot News Cases
The Citizen Media Law Project (CMLP), with the Electronic Frontier Foundation (EFF), and Public Citizen, submitted an amicus curiae brief to the United States Court of Appeals for the Second Circuit, urging the court to apply First Amendment scrutiny to the recently … Continue reading
Posted in DMLP, Hot News Misappropriation, Journalism
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CDA 230 and “Traditional Editorial Functions”
One of our spring term Cyberlaw Clinic students contributed to a great post over at the Citizen Media Law Project’s blog last week. The post relates to the scope of Section 230 of the Communications Decency Act and whether the protections afforded by … Continue reading