Communications Decency Act

Sarah Jones

The issue here is really narrow, it’s about whether or not TheDirty.com is entitled to immunity under the [Communications Decency Act]. [Nik] Richie reviews all the posts. He’s said he’s looking specifically for things that will cause a rise. He wants to put dirt out on the Internet about private people.

Chris Roach, lawyer for Sarah Jones, the former Bengals cheerleader and high school teacher who won a $338,000 judgment after being defamed on Richie’s gossip site, TheDirty.com, commenting on the reasons why he believes Richie will not receive immunity under Section 230 of the Communications Decency Act. Roach went on to note that his client does not have chlamydia or gonorrhea.

(In 2009, Richie allegedly wrote a post entitled, “The Dirty Bengals Cheerleader,” asking, “Why are high school teachers freaks in the sack?” In that post, a commenter suggested Jones slept with all the members of the Bengals team and had STDs. Jones went on to be convicted on sexual misconduct charges for sleeping with an underage student, and now plans to marry him.)

Sarah Jones

* After its patent battle in the courts, Apple wants Samsung to pay for a portion of MoFo’s legal fees. When you think of it, $15.7 million is a rather piddling amount when full freight is $60 million. [The Recorder]

* Say goodbye to your pensions! As it turns out, law review articles aren’t so useless after all. Detroit’s foray into Chapter 9 eligibility is the brainchild of a Jones Day partner and associate duo. [Am Law Daily]

* It must be really stressful to plan a wedding when your defamation victory is on appeal to the Sixth Circuit. The latest chapter in the Sarah Jones v. TheDirty.com case could mean curtains for online speech. [AP]

* When it comes to their credit ratings, stand-alone law schools are getting screwed due to their inability to put asses in their empty seats. Four out of five schools profiled could be in big trouble. Which ones? [WSJ Law Blog (sub. req.)]

* “You need to not dress like that.” TMZ’s attorney, Jason Beckerman, is an alumnus of Kirkland & Ellis, and he was quickly advised by a producer that he needed to lose his lawyer duds. [California Lawyer]

* Lanny Breuer’s resignation from his post as the assistant attorney general for the Criminal Division of the Department of Justice is neither fast nor furious enough for his critics. [Blog of Legal Times]

* “I don’t reimburse for taxi and car services around Manhattan.” Judge Martin Glenn is none too pleased with costly expenses billed to the Dewey & LeBoeuf bankruptcy estate by Togut, Segal & Segal, and he’s started slashing fees left and right. [Am Law Daily]

* The Florida Space Coast School of Law? This totally necessary school has a name that no one will ever be able to make fun of. Please let there be an equally necessary space law concentration. [Daytona Times]

* “Being rude is not illegal,” but thanks to The Dirty, it might have some damning consequences for CDA § 230. Maybe it’s a good thing the jurors in this sexy teacher’s defamation case were deadlocked last night. [KY Post]

* Julie Taymor settled her suit against the producers of Broadway’s musical adaptation of Spider-Man. It turns out all the judge had to do was schedule a trial date to get the parties to turn off the dark litigation. [Bloomberg]

* Here’s an example of legal Kaepernicking: the NFL got to flex its muscles when it strong-armed a football fan into abandoning his trademarks on “Harbowl” and “Harbaugh Bowl” in anticipation of the Super Bowl. [ESPN]

Boo. Boo. BOO.

Joe Lieberman, the Senator from Connecticut who has evolved into a cartoon-level villain on the left, is at it again. The Daily Kos reports that Lieberman is proposing to gut Section 230 of the Communications Decency Act. For you commenters who don’t know what Section 230 is, I have neither the time nor the inclination to explain it to people who benefit from the freedom that it provides and then question the manner in which it provides it.

Seriously though, if Lieberman has his way, websites could be held responsible for the filthy, disgusting, misogynist, racist, and often quite funny comments left on their posts. This could lead sites to crack down on or eliminate anonymous commenting.

If you think I’m going down so somebody can make a walrus joke about the wrong person, you’ve got another thing coming….

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