May It Please The Court

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About J. Craig Williams

May It Please The Court
by Leonard Rivkin
Barnes & Noble CLE Books

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Quote of the Day - Just as the strength of the Internet is chaos, so the strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects. - Judge Dalzell
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California Appeals Court Curtails Internet Speech

In a stark conflict with the Fourth Circuit Court of appeals, the First Appellate District held an ISP or an individual liable for defamatory postings. The first of its kind ruling is an amazing reversal of a trend toward absolute immunity for ISPs.

The court's decision focuses on the intentional republishing of defamatory content. Surprisingly, the opinion spends several pages disagreeing with the Fourth Circuit's opinion. It remains to be seen whether yesterday's California ruling will be challenged. Lawyers on the case are still analyzing their clients' strategies.

The broader impact of this ruling will likely mean that speech on the internet will be chilled, and opinions stifled for fear of running afoul of this ruling. We'll see whether it stands.

In the meantime, watch what you republish out there.

Posted by J. Craig Williams on Thursday, October 16, 2003 at 10:17 Comments (1)


Comments by Stuart Levine from United States on Monday, October 20, 2003 at 19:20 - IP Logged
Ironic-the 4th Circuit is generally considered the most conservative federal app. ct in the country, while Cal courts are considered the most liberal.

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