Your SMITH List Legal Round-Up

September 5th, 2006 by Alex

First of all, some good news:

Josh Wolf has been released from prison. He’s free on bail (really, on his own recognizance, which some legal observers think is a sign the court believes he has a case) as a panel of the Ninth Circuit considers his appeal. Wolf told reporters he’ll go back if he has to. His blog has the latest updates, as well as a transcript of the speech he gave upon being released.

Also, via Crooks and Liars, news of a case to watch:

The California Supreme Court is set to hear arguments in San Francisco Tuesday on whether someone who posts a defamatory comment by another person on the Internet can be sued for libel.

Two civil liberties groups say the court’s eventual ruling, due in three months, could have far-reaching implications for free speech on the Internet.

While the case before the court concerns individuals - a Canadian doctor seeking to sue a women’s health activist for posting a third person’s comment about him - the court’s ruling could also determine whether Internet service providers can be held liable when they knowingly allow defamatory remarks to be posted.

Kurt Opsahl, a lawyer with the Electronic Frontier Foundation in San Francisco, said last week “it would be a disaster” if the state high court allows such lawsuits.

“The Internet would not be the rich and diverse place it is now,” Opsahl said.

 
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