Author Archives: Paul Levy

May Anonymous Speakers Invoke the Texas Anti-SLAPP Law to Oppose Efforts to Identify Them?

A disturbing decision from a Texas court of appeals held last year that an anonymous person, who allegedly called several of the advertisers in D Magazine and accused the magazine of being “racist,” and who has been sue for defamation, could not file a motion to dismiss under the Texas anti-SLAPP law contending that the […]

An Ohio City and Its Police Chief using defamation claims to identify chief’s critics

Late last week we filed an amicus brief in an Ohio court case in which the City of Beachwood is financing litigation, purportedly seeking to recover damages for the police chief based on an anonymous email and a handful of anonymous posts to the police department’s Facebook page that denigrated the police chief’s leadership. We […]

Facial Recognition Bars Lawyers for Consumers from Events at Madison Square Garden

The New York Times carries this story  about the use of facial recognition technology to bar any lawyers working at firms who handle litigation against  MSG Entertainment from attending sporting events, or even holiday shows, at Madison Square Garden.  New York’s old law protecting theatre critics from being excluded after they panned a show has […]

Mystery company fails to identify Twitter critic who used “its” photos

by Paul Alan Levy Judge Vincent Chabbria ruled that an anonymous Twitter user using the pseudonym “Mr. Money Bags” could not be identified pursuant to a DMCA subpoena, both because her display of copyrighted photographs to taunt a venture capitalist for allegedly spending money on the company of nubile young women was fair use, and […]

Watch Tower Drops Its Effort to Identify a Dissident Blogger Based on Spurious Copyright Claims

by Paul Alan Levy The effort by the Watch Tower Bible and Tract Society (a/k/a Jehovah’s Witnesses) to identify a dissident member, "Kevin McFree," through a spurious claim of copyright infringement has ended with a whimper rather than a bang as Watch Tower agreed to dismiss its copyright lawsuit with prejudice to avoid a possible […]

Do Copyright Holders Get a Free Pass to Identify Alleged Infringers? by Paul Alan Levy Suppose that, on June 4, 2022 the owner of a China-based Twitter account were to post this 2005 photo of the Gate  of Heavenly Peace, with text calling for remembrance of the martyrs of Tiananmen Square.   Suppose further that, […]

Judge Issues “Gag Order” Forbidding Disclosure of “Confidential Information” in Records Mistakenly Disclosed under New Jersey’s Open Public Records Act

I first posted about this case about early last month. In releasing documents electronically pursuant to a public records request, a local government body in New Jersey made a rookie error: using software (presumably Word) to perform redactions in a manner that was easily undone when the requester opened the provided PDF documents using his […]

Showdown at the Second Circuit on the Standards Protecting Onine Anonymity

by Paul Alan Levy An important case about anonymous online speech is hurtling toward a decision in the Second Circuit. The situation is worrisome because defendants are so unsympathetic and the plaintiff’s legal claims seem to me very strong. The danger is that the trial judge’s dismissive treatment of the right to speak anonymously could […]