Censorship & Free Expression - SLAPPs - Barrett v. Clark Archive

UPDATE: The California Court of Appeal overturned the decision below (Word .doc file) on October 15, 2003. A petition for review to the state Supreme Court is likely.

Files in this Archive:

  • Court Rules That Internet Re-Posting Is Protected Speech
    Oakland, CA - In a trail-blazing 27-page order, Alameda Superior Court Judge James A. Richman dismissed a defamation lawsuit filed against a breast implant awareness activist, finding that it was a meritless SLAPP (Strategic Lawsuit Against Public Participation). The court held that a 1996 federal law protects individuals from civil liability for posting to an Internet newsgroup a statement created by another. Ilena Rosenthal, Director of the Humantics Foundation in San Diego, was sued for defamation based on her postings on Internet newsgroups. On July 25, 2001, Judge Richman granted Rosenthal's motion to dismiss the complaint against her as a meritless. (July 30, 2001)

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