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Part 2 – In Practice
Go to Part 1 – The basics of the Texas Anti-SLAPP law.
The exercise of the right to free speech on matters of public concern
It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the … Continue Reading
It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few bills we are watching this session:
Service of Process Via Social Media- … Continue Reading
5. Using Images Without Permission is No Monkey Business
From the Wikimedia Commons website
This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie? This year we learned that no, the photographer does … Continue Reading
Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their kids’ online behavior
A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story. In middle school fashion (I am not looking forward to parenting through this period), a boy created a fake Facebook profile of a female classmate, used a “Fat Face” app to alter her appearance and … Continue Reading
Texas High Court Rules Improper Photography Law Unconsitutional; Or, Why You Care a Creepy Dude Is Not Guilty
The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional. The case involved a guy who allegedly took pictures of kids at a water park. You can read more here.
Before you say, you are not a creepy person taking pictures of random … Continue Reading
On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s identity. Both the majority and dissenting opinions in In re John Doe a/k/a The Trooper are available here. It will certainly … Continue Reading
The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages
On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. The second, Burbage v. Burbage Funeral Home, raises the bar on the recovery of compensatory damages.
Injunctions preventing speech are an unconstitutional prior restraint
In Kinney, the plaintiff sought a … Continue Reading
A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images.
You can see the story here
The plaintiff sued Facebook and the ex-boyfriend for negligence, breach of contract, gross negligence, intentional infliction of emotional distress, invasion of privacy … Continue Reading
Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v. Dirty World Entertainment decision.
Based on the history of the CDA, that should be no surprise. However, internet lawyers were … Continue Reading
A frequent question we get is what can we do about the online posting about me? Often times, the answer is not much. Lawyers can only help when the online conduct crosses the line into a cognizable cause of action. Figuring that out is the hard part.
The Threatening or Harassing Post
Is there an ex spewing … Continue Reading