Re Techdirt's First Amendment Fight For Its Life

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Chris Beck <cbeck () pacanukeha net>
> Date: February 19, 2017 at 2:38:04 PM EST
> To: Dave Farber <dave () farber net>
> Subject: Re: [IP] Re Techdirt's First Amendment Fight For Its Life
>
> I think that's what Anti-SLAPP laws are supposed to provide. Some states have excellent ones, others not so much. 
> Contact your house representative and let them know you support a strong federal law.
> https://www.eff.org/deeplinks/2015/05/federal-anti-slapp-bill-introduced-house
> http://www.anti-slapp.org/
>
> Cheers,
> Chris
>
> > On Feb 19, 2017 2:25 PM, "Dave Farber" <farber () gmail com> wrote:
> >
> >
> >
> > Begin forwarded message:
> >
> > > From: Harvey Silverglate <Harvey () harveysilverglate com>
> > > Date: February 19, 2017 at 2:07:44 PM EST
> > > To: "dave () farber net" <dave () farber net>
> > > Subject: RE: [IP] Techdirt's First Amendment Fight For Its Life
> > >
> > > Part of the problem in these kinds of cases is the enormous – and for the most part unnecessary – complexity, and 
> > > hence expense and delays of the legal system. What we need is a statute or a doctrine that requires that in cases 
> > > implicating First Amendment rights, and especially in defamation cases (which are so easily brought), there be an 
> > > expedited and simplified procedure at the start to determine if the case is meritless and should be dismissed 
> > > forthwith. And if the trial court judge refused to dismiss at that stage, there should be an expedited 
> > > interlocutory right of appeal with a simplified appellate process.
> > >
> > >  
> > >
> > > One of the problems is that the legal system is simply too complex, too time-consuming, too expensive. It is one 
> > > thing for the lumbering elephant of a legal system to deal with corporate disputes over contracts or business 
> > > issues, but it’s curtains in the media/defamation context.
> > >
> > >  
> > >
> > > From: Dave Farber [mailto:farber () gmail com] 
> > > Sent: Sunday, February 19, 2017 11:15 AM
> > > To: ip
> > > Subject: [IP] Techdirt's First Amendment Fight For Its Life
> > >
> > >  
> > >
> > >
> > >
> > >
> > > Begin forwarded message:
> > >
> > > From: Dewayne Hendricks <dewayne () warpspeed com>
> > > Date: February 19, 2017 at 9:13:06 AM EST
> > > To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
> > > Subject: [Dewayne-Net] Techdirt's First Amendment Fight For Its Life
> > > Reply-To: dewayne-net () warpspeed com
> > >
> > > [Note:  This item comes from friend Bob Frankston.  Bob’s comment:'I donated. Can one counter-sue for harassment on 
> > > such a bogus claim?’.  DLH]
> > >
> > > Techdirt's First Amendment Fight For Its Life
> > > from the the-first-amendment-has-to-mean-something dept
> > > By Mike Masnick
> > > Jan 11 2017
> > > <https://www.techdirt.com/articles/20170111/11440836465/techdirts-first-amendment-fight-life.shtml>
> > >
> > > As you may have heard, last week we were sued for $15 million by Shiva Ayyadurai, who claims to have invented 
> > > email. We have written, at great length, about his claimsand our opinion — backed up by detailed and thorough 
> > > evidence — that email existed long before Ayyadurai created any software. We believe the legal claims in the 
> > > lawsuit are meritless, and we intend to fight them and to win.
> > >
> > > There is a larger point here. Defamation claims like this can force independent media companies to capitulate and 
> > > shut down due to mounting legal costs. Ayyadurai's attorney, Charles Harder, has already shown that this model can 
> > > lead to exactly that result. His efforts helped put a much larger and much more well-resourced company than 
> > > Techdirt completely out of business.
> > >
> > > So, in our view, this is not a fight about who invented email. This is a fight about whether or not our legal 
> > > system will silence independent publications for publishing opinions that public figures do not like.
> > >
> > > And here's the thing: this fight could very well be the end of Techdirt, even if we are completely on the right 
> > > side of the law.
> > >
> > > Whether or not you agree with us on our opinions about various things, I hope that you can recognize the importance 
> > > of what's at stake here. Our First Amendment is designed to enable a free and open press — a press that can 
> > > investigate and dig, a press that can challenge and expose. And if prominent individuals can make use of a 
> > > crippling legal process to silence that effort, or even to create chilling effects among others, we become a weaker 
> > > nation and a weaker people because of it.
> > >
> > > We are a truly small and independent media company. We do not have many resources. We intend to fight this baseless 
> > > lawsuit because of the principles at stake, but we have no illusions about the costs. It will take a toll on us, 
> > > even if we win. It will be a distraction, no matter what happens. It already has been — which may well have been 
> > > part of Ayyadurai's intent.
> > >
> > > [snip]
> > >
> > > Dewayne-Net RSS Feed: <http://dewaynenet.wordpress.com/feed/>
> >
> > Archives  | Modify Your Subscription | Unsubscribe Now        



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