Defamation

Last updated on July 3rd, 2008

Last updated on July 3rd, 2008

Citing CDA 230, Court Dismisses Defamation Suit Against Wikimedia Foundation

News reports (here, here) indicate that New Jersey Superior Court Judge Jamie S. Perri dismissed Barbara Bauer's defamation lawsuit against the Wikimedia Foundation yesterday. In what appears to have been an oral ruling from the bench, the court relied on section 230 of the Communications Decency Act (CDA 230), which protects providers and users of interactive computer services from state-law tort liability for publishing the statements of third parties, to dismiss Bauer's claims. (For more on CDA 230, see our Primer on Immunity and Liability for Third-Party Content Under Section 230 of the Communications Decency Act).   read more »

Last updated on July 4th, 2008

Last updated on June 28th, 2008

Lawyer Attempts End Run Around CDA 230, Finds a Stronger Defense Than He Expected

Following on the heels of a Virginia lawyer being sanctioned for improperly using a subpoena to silence a critic, we hear about a lawyer in California who is threatening to use a meritless lawsuit to force Julia Forte, who runs a forum for consumer complaints about telemarketers, to remove user-submitted comments that are critical of his client.

Paul Alan Levy at the Public Citizen Litigation Group, which represents Forte, has the story:

In a recent series of demands, a purveyor of “nutraceuticals” called mynutritionstore.com threatened to sue Julia Forte over consumer criticisms appearing on her web site 800notes.com, a forum for identification and discussion of telemarketers based on their phone numbers.  (The specific dispute is summarized here)  My Nutrition Store’s expressed concern was that the comments about it show up in Google searches.   read more »

Last updated on June 29th, 2008

Last updated on June 26th, 2008

Last updated on June 23rd, 2008

Last updated on June 19th, 2008

   
 
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