Can I Sue for Character Defamation on the Internet?

Welcome to Defamation Law Radio.  My name is Enrico Schaefer, and today we’re going to discuss online defamation, internet libel and host of other issues related to defamation, libel and slander. 

We have recently discussed at length the issue of “should I sue for defamation of character?” but there’s an even more threshold issue that you need to consider.  And that is, can I sue for internet defamation of character?  Before you step into court, you need to assess your matter in detail.  These are always fact-specific issues, and the last thing you want to do is spend attorney’s fees pursuing a case that was never a case.  Before you take a litigation case to trial, whether it’s defamation or otherwise, you need to start with a strategy document. 

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With: Enrico Schaefer

Sponsored by: Traverse Defamation Law

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Defamation on the Internet & the Constitutional Right to Post Anonymously. Michigan Court Will Decide....

Identifying an anonymous blogger or author of a comment on a website in an internet defamation case presents challenges for plaintiffs, defendants and the court.  The plaintiff in a defamation lawsuit, of course, wants to identify the person who they believe engaged in online libel or slander, idneitifed int eh COmplaint as John Doe.  But there is a constitutional right attaching to anonymous speech under the First Amendment to the United States Constitution.  Thus, the person whose speech is alleged to be defamatory may have a constitutional right to remain anonymous.  Courts in John Doe litigation are typically asked by plaintiff's attoreny is an ex parte fashion to allow discovery necessary to “identify” the John Doe defendant in the case.  

In this interview of Paul Allen Levy, attorney for Public Citizen, we explore the so-called “Dendrite rule” and its potential application in Michigan to defamation cases.    States that have applied a heightened standard of showing by plaintiffs in defamation cases in order to identify anonymous John Doe defendants include:  Maryland, District of Columbia, New Jersey, Tennessee, New York, California, Connecticut, Nevada, Arizona, Texas, Pennsylvania, Massachusetts, and potentially Michigan in the near term.

• Doe subpoena - Wikipedia Definition
• Click here for more information on legal protections for anonymous speech. 
• [Proposed] Memorandum of Public Citizen as Amicus Curiae Supporting Doe’s Motion to Quash or For Protective Order.
• Defamation Lawsuit Filed in Michigan by Cooley Law School against Ex-Student.

 

Play: Defamation on the Internet & the Constitutional Right to Post Anonymously. Michigan Court Will Decide....
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With: Paul Alan Levy

Sponsored by: Traverse Defamation Law

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Defamation Lawsuit Filed by Cooley Law School against Ex-Student

In Michigan, an internet defamation lawsuit was filed by Cooley Law School against a number of John Doe defendants by Attorney Michael P. Coakley of the law firm Miller, Canfield, Paddock & Stone, PLC.  This defamation lawsuit has garnered national attention as initial subpoenas issued by Michael Coakley on behalf of plaintiff Thomas M. Cooley Law School sought to identify the anonymous blogger who had posted a blog at thomas-cooley-law-school-scam.weebly.com.  The subpoena issued to the web hosting provider Weebly.com was accidentally responded to by Weebly.com disclosing the account holder’s identity prior to the subpoena response due date and after the anonymous blogger had indicated through his lawyer that objections were being filed.  Knowing that objections were being filed, the plaintiff’s attorney Michael Coakley of Miller Canfield filed an amended complaint using the alleged confidential information to name the John Doe defendant.  Mr. Coakley received some unwanted press for questionable litigation tactics and potential violation of the Michigan Rules of Professional Responsibility and the Michigan Rules of Civil Procedure.  Essentially, Mr. Coakley decided to avoid having to argue the merits of whether or not his subpoena should be quashed by simply outing the John Doe defendant before the court could weigh in on the matter.

Internet Copyright Infringement: Attorney Tips.

Copyright infringement on the internet is a big problem for authors, artists, musicians, bloggers, media and other copyright owners. In today's episode of Copyright Law Radio, we are going to be speaking with copyright attorney Brian Hall as we examine the problem of growing problem of internet copyright infringement.  When your copyright protected works are published on a web site without license or permission, you need to understand your legal options.

• What is a copyright under US copyright law?
• How do you protect a copyright from infringement, especially infringement on the internet?
• Do you have to register your copyright with the US Copyright office to protect it?
• What kind of services does a copyright attorney provide in order to protect copyright owners?

What is a Copyright and How Long Does it Last?

Copyright Law Explained:

In this edgy and informative video, the history of copyright law is summarized and explained.  Every copyright infringement lawyer can tell you what you can and cannot use from copyright protected works.  This video will help you understand how to avoid a claim of copyright infringement so you don’t have to hire a copyright infringement attorney.