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    Blogging Tag

    We mentioned earlier today, in our post about the federal court suit by Brett Kimberlin, that some bloggers also were subject to suit in a state court case as to which the trial was ongoing. Dave Weigel from was at the trial, and just tweeted: Robert Stacy McCain and Ali Akbar react:

    Some of you may be aware that Brett Kimberlin has sued numerous conservative bloggers and media figures (Michelle Malkin, Twitchy, Glenn Beck, Redstate, etc.) alleging, to the extent it can be discerned, a wide range of purported violations, including, incredibly, violation of the Ku Klux Clan Act and the RICO (Racketeer Influenced and Corrupt Organizations) Act, as well as a variety of other conspiracy and defamation related claims It all relates to criticism of Kimberlin and exposure of his criminal record and other legal problems he has had over the decades, and reporting on the issue of "swatting" (falsely calling in a report of someone with a gun at a location to get the police Swat Team to arrive, guns drawn.) Two of the defendants are Patrick Frey (of Patterico) and Mandy Nagy -- yes our Mandy Nagy -- unrelated to her work for Legal Insurrection. The case is filed in federal Court in Maryland, and has had a bizarrely active and unproductive docket, with over 180 entries to date, many of which were precipitated by Kimberlin's serial filing and requests for permission to file, amended complaints. Kimberlin now is on his 2nd, and according to the Court, final, Amended Complaint. Many defendants have moved to dismiss, and now so too have Patrick and Mandy, jointly represented by Ron Coleman (who also represents Legal Insurrection when needed, which fortunately is rarely). Ron is a great friend to bloggers. My take? Having read through the various complaints, including the latest, I'm wondering how in the world the case could survive. But I've learned not to bet on court cases, we can only hope that justice is done, and promptly. There's also a separate trial underway in a different state court case involving some but not all of the same defendants (Frey and Nagy are not part of that). Dave Weigel is attending the trial and reporting. Stacy McCain, a defendant in the state and federal cases, is reporting on his own trial as well. I've split the Motion to Dismiss in the federal case into the Memo of Law and the Affidavit and Exhibits. Here they are:

    This is a little spooky. Here's a blog post I wrote in November 2012, the last time Israel had to deal with the terrorist alliance in Gaza and its rocket fire: Our Blog Friends in Israel - November 2012 Since then, we have added more Israeli blog friends, many of whom I met on my trip to Israel last summer. So once again pay a visit to and say a prayer for our blog friends in Israel. Let them know we stand with them. Bloggers I've met: Israel Matzav — also known as Carl in Jerusalem (Featured Image). Anne’s Opinions — also known as Anne in Petah Tikva. IsraellyCool — also known as Aussie Dave and others. CiF Watch -- also known as Adam Levick. BBC Watch -- also known as Hadar Sela. NGO Monitor -- also known as Prof. Gerald Steinberg and others. Bloggers I haven't met: The Muqata — also known as Jameel, “Wherever I may be, my blog turns toward Eretz Yisrael ” His Facebook page is the go-to place for updates. An Israeli Soldier’s Mother –  Also known as Paula. Backspin David suggested these blogs as well: My Right Word (Yisrael Medad) Shilo Musings (Batya Medad) This Ongoing War (Arnold and Frimet Roth - Their daughter Malki was killed in Sbarro's in 2001) Dry Bones (Yaakov Kirschen) If there is anyone else who should be on the list, post in comments and I will add. Updates::

    I added Legal Insurrection's name to the list of pro-Israel blogs and bloggers supporting Elder of Ziyon's open and unequivocal condemnation of the murder of Mohammed Abu Khdeir. In a follow up post today, Elder makes points I made this morning in Israeli reaction to murder of teen a sign of Israel’s moral strength. Elder notes:
    I had no idea how many would agree when I wrote it. Within 12 hours, over a hundred people, including some very prominent writers and bloggers, had added their names to the letter. It was shared hundreds of times on Facebook. Many people wrote to say how appreciative they were that I put into words what they were thinking. Zionist bloggers weren't alone in their condemnation. Major US Jewish and Zionist organizations roundly condemned the murder and expressed horror at the fact that the suspects are Israeli Jews. As I've noted in the past, the anti-Israel crowd suffers from psychological projection. They assume, reflexively, that the hate they have for Israel is mirrored by Israelis and Zionists towards Arabs.

    TaxProf has released the rankings of blogs run by law professors, for the 12 months ending March 31, 2014. Go to Law Prof Blog Traffic Rankings for the full list, including percentage changes from the prior year.  The Top 15 are in the featured image. Plus College Insurrection comes in...

    Today is the day the obsession with diversity counting comes home to roost at liberal websites. Bring out the bag of popcorn. The NY Times Public Editor bemoans that only about one-third of the reporters are women, Still Talking About It: ‘Where Are the Women?’
    “We’re acutely aware,” [Janet Elder, deputy managing editor] said. “It’s a problem here and it’s an industry-wide problem.” At The Times, she said, about a third of the roughly 400 reporters are women.
    We have that beat easily. Look at the 12 regular contributors (including me) in the sidebar -- fully half are women. Legal Insurrection contributors May 12 2014 BREAKING - LEGAL INSURRECTION LOOKS MORE LIKE AMERICA'S GENDERS THAN THE NY TIMES. Bring out the large bucket of popcorn. The ever-liberal The American Prospect notes that liberal publications are very, very white, The Unbearable Whiteness of Liberal Media:

    With the rise of the internet, and blogs, and Twitter, and Facebook, more people are reading more things. Like Upworthy. But there's "reading" and there's "reading." Short-form reading is up, long-form reading is down. TLDNR. That's my sense of things. There probably is a study out there about it. Would someone do me a favor and summarize the findings in 140 characters, so I don't actually have to read it? You can send it to me at @leginsurrection. Here are ruminations from Yaacov Lozowick, Re-learning to Read:

    TaxProf has released the rankings of blogs run by law professors, for the 12 months ending December 31, 2013. Go to Law Prof Blog Traffic Rankings for the full list, including percentage changes from the prior year.  The Top 15 are in the featured image. Plus College Insurrection comes...

    for the next week celebrating our 30th wedding anniversary in the Dominican Republic, you will be in the able hands of our regular crew (Mandy's the boss) plus guest blogging by Aleister from College Insurrection and American Glob, and Rusty Weiss from The Mental Recession. Three...

    I am pleased to announce that I received the award for Blogger of the Year from the National Bloggers Club last night at the Blog Bash 2014 event held near the CPAC conference. Legal Insurrection was well represented at the event -- from left to right --...

    Filmmaker Quentin Tarantino is suing Gawker Media and related entities based on Gawker allegedly assisting in the distribution of a stolen film script:
    Director Quentin Tarantino has filed a lawsuit against Gawker Media for copyright infringement. A week after declaring he would no longer make his next film "The Hateful Eight" because someone in his small circle had leaked the screenplay, director Quentin Tarantino has taken legal action against Gawker Media alleging copyright infringement for disseminating the script Tarantino's lawsuit, filed in U.S. District Court in Los Angeles on Monday, alleges that the web site Gawker disseminated "unauthorized downloadable copies of the leaked unreleased complete screenplay" and "expressly refused to remove their directions to and URL links to get the infringing materials." The director is demanding actual and statutory damages as well as Gawker's profits in the amount of at least $1 million. "Gawker Media has made a business of predatory journalism, violating people’s rights to make a buck," the complaint states. "This time, they went too far. Rather than merely publishing a news story reporting that Plaintiff’s screenplay may have been circulating in Hollywood without his permission, Gawker Media crossed the journalistic line by promoting itself to the public as the first source to read the entire screenplay illegally."
    Not being a fan either of Tarantino's films, or of Gawker, I consider myself neutral. I read the Complaint. All Gawker did was promote the fact that it had links to others on the internet who had the script. That seems like a tough claim of copyright liability, but hey, presumably the plaintiffs' lawyers did the reasearch and think they have a legal claim. But still, just linking to others creates a copyright liability? Yikes, if that's true. Gawker is promising a fight:

    We have faced the problem of the Big Google Algorithm in the Sky before. Vicious smirkle (Alan Grayson) Vicious Smirkle, Part 2 (Democratic Senate campaign) Michele (Walk) Hansen noted at the time: Well, sure, some people got sick, sadistic enjoyment costing Alan Grayson money, but there was a problem: The more you...

    In the earliest days of the internet, an Instapundit reader suggested the term "take the Boeing" to describe when bloggers join big media outlets. Today, Volokh Conspiracy took the Washington Post's Boeing:
    We’re now trying what might be the most ambitious experiment yet: a joint venture with the Washington Post. The Post will host our blog, and pass along its content to Post readers (for instance, by occasionally linking to our stories from the online front page). We will continue to write the blog, and will still take you here. We will also retain full editorial control over what we write. And this full editorial control will be made easy by the facts that we have (1) day jobs, (2) continued ownership of our trademark and the domain, and (3) plenty of happy experience blogging on our own, should the need arise to return to that. The main difference will be that the blog, like the other material, will be placed behind the Post’s rather permeable paywall. We realize that this may cause some inconvenience for some existing readers — we are sorry about that, and we tried to negotiate around it, but that’s the Post’s current approach.
    I wish them well.  They are the premier group of law professor and lawyer bloggers who actually blog about the law.  Not to leave others out, but the work Eugene Kontorovich has done on The Legal Case for Israel is decisive. As for me, I don't know if I am hirable by major newspapers.  Certainly not The New York Times, for at least 10 reasons. When big media gobbles up what's left of the smaller blogosphere, I tend to throw a pity party and look for a song that fits my mood.

    I recently was referred to disparagingly as a mere "blogger," by an attorney in a matter I was reporting about, in an email in which "reply to all" was mistakenly selected. It was disappointing at many levels, particularly given the person the attorney was representing, but not really surprising. Well, buddy, I got rights. Via Eugene Volokh, Bloggers = Media for First Amendment Libel Law Purposes:
    So holds today’s Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014) (in which I represented the defendant). To be precise, the Ninth Circuit concludes that all who speak to the public, whether or not they are members of the institutional press, are equally protected by the First Amendment. To quote the court,
    The protections of the First Amendment do not turn on whether the defendant was a trained journalist, formally affiliated with traditional news entities, engaged in conflict-of-interest disclosure, went beyond just assembling others’ writings, or tried to get both sides of a story. As the Supreme Court has accurately warned, a First Amendment distinction between the institutional press and other speakers is unworkable: “With the advent of the Internet and the decline of print and broadcast media … the line between the media and others who wish to comment on political and social issues becomes far more blurred.” Citizens United, 558 U.S. at 352. In defamation cases, the public-figure status of a plaintiff and the public importance of the statement at issue — not the identity of the speaker — provide the First Amendment touchstones.
    I think that’s right, not just as a matter of First Amendment principle but also as a matter of history and precedent.... The specific legal issue that the Ninth Circuit was confronting in this passage, by the way, is whether all who speak to the public are equally protected by the Gertz v. Robert Welch, Inc. rules, which are that

    'TWAS THE BLOGGER'S NIGHT BEFORE CHRISTMAS 'Twas the night before Christmas, when all through the ‘sphere Bloggers were glad to see Christmas draw near. Their laptops were turned off and all put away The bloggers were swearing to take off the day. Their children were nestled all snug in their...

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