Tuesday, October 7, 2008

LAWYER’S THREATS, INTIMIDATION SHUT DOWN WEB SITE

As the title implies, a Virginia lawyer was able to shut down a site using bullying tactics to reach that end. These tactics included defamation claims, as well as trademark infringement. I would like to focus on the Virgina lawyer's argument of defamation claims. My question would have to be where do you draw the line between freedom of speech and defamation of character? An interesting quote relating to this very issue is found right in the article: "The courts repeatedly have struck down these types of bullying tactics and upheld the public’s right to criticize people and companies on the Internet – something which Mr. Dozier was well aware of when he began his intimidation campaign against our client,” Levy said. “Not liking what someone says about you is not enough reason to throw out the First Amendment.” I'm yet to read anything about this case that makes it special other than the fact that the lawyer was in a power of position (due to the fact that he is a lawyer) and was able to exert that power in the form of having the site taken down.

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