Attorney Argues His Blog Post About Judge Was Protected Speech
The Daily Business Review is reporting on a blog post case where in exchange for a public reprimand, a Florida criminal defense attorney admitted to violating a Florida Bar rule forbidding attorneys from impugning the qualifications of a judge and making statements known to be false or in reckless disregard to the truth. The case centers on a JAABlog post where the attorney called a controversial Broward judge an "evil, unfair witch" and "seemingly mentally ill".
The deal with the Florida Bar was called into question last month by the Florida Supreme Court. The Court has now directed the parties to file briefs by Monday on whether the attorney's comments are protected speech under the First Amendment. For now, read Respondent Sean William Conway's Show Cause Order Response (pdf) in Florida Bar v. Conway (No. SC08-326). [JH]
AOL Spammer Gets 30 Months
U.S. District Judge Denny Chin in Manhattan sentenced Adam Vitale to 30 months in prison, to be followed by three years supervised release. He also was ordered to pay restitution of more than $183,000 to AOL. Vitale plead to conspiracy and two counts of violating anti-spam laws last year for sending unsolicited "spam" emails to about 1.2 million AOL subscribers.
Meanwhile, "spam king" Robert Soloway awaits sentencing in Seattle. The government is asking for 14 years. The sentence may be handed down on July 22. Details here. On Sentencing Law & Policy, criminal law prof, Douglas Berman (OSU), asks You be the judge: what sentence should "Spam King" get? [JH]
Court Orders Newspaper To Disclosure Identity of Anonymous Blogger
In Ottinger v. The Journal News, ___Misc. 3d ___ (July 8, 2008) Westchester County (NY) Court Judge Rory J. Bellantoni reasoned: "There is no question that the First Amendment protects the right of a person to speak anonymously. That protection, however, is no greater than the right of a person to speak when their identity is known. . ." and a court "must balance the defendant's First Amendment right of anonymous free speech against the strength" of the plaintiff's case.
Details with additional links on Adjunct Law Prof Blog. [JH]
Theo Schlossnagle on Internet Traffic Spikes
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