Lisa H. Miller writes in the Internet Defamation Law Blog about Sealed Plaintiff v. Sealed Defendant # 1, 06-1590-cv (2nd Cir. 2008), a case which addresses the question: "Can a plaintiff sue anonymously in an internet defamation setting?" The answer is yes, as long as the plaintiff's need to remain anonymous outweighs the public's need for … [Read more...] about Plaintiffs May Remain Anonymous In Internet Defamation Cases
Archives for 2008
Does the U.S. Need A National Speech Code?
I wrote a post not too long ago about "defamation of religion" and the United Nations. After reading Steven Groves' excellent article, "Why the U.S. Should Oppose "Defamation of Religions" Resolutions at the United Nations", I am firmly convinced that the First Amendment as we understand it today is in danger. It is well known … [Read more...] about Does the U.S. Need A National Speech Code?
New Civil Discovery Law Protects Online Speech
Internet defamation attorneys and bloggers listen up! A new law will take effect in California on January 1, 2009, which allows online speakers to obtain attorney's fees if they successfully oppose a subpoena to obtain their personally identifying information in California involving out-of-state litigation.AB2433 was signed into law by Governor Arnold Schwarzenegger … [Read more...] about New Civil Discovery Law Protects Online Speech
How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
The purpose of an anti-SLAPP motion in California is to dispose of lawsuits at an early stage of litigation. The motion must be filed within 60 days of the filing of the complaint, unless a court expressly allows a late filing. CCP § 425.16(f). While courts generally have wide discretion to allow late filings, no court has squarely decided the issue--how long is too long? … [Read more...] about How Long After the 60-Day Period Can You File An Anti-SLAPP Motion?
Victory! Anti-SLAPP Motion Denied in Defamation Case
I represent a plaintiff in a defamation case involving internet defamation and offline defamation. The Defendant filed an anti-SLAPP motion. SLAPP is an acronym for Strategic Lawsuits Against Public Participation. These types of motions are meant to dispose of lawsuits at an early stage, which are primarily aimed at chilling speech. We opposed the motion and the court … [Read more...] about Victory! Anti-SLAPP Motion Denied in Defamation Case