Garcia Opposes En Banc Rehearing But Ducks Issues of Prior Restraint and Copyright Misuse

by Paul Alan Levy

I blogged recently about several of the issues raised by Cindy Lee Garcia's copyright claims against Google, which we addressed in an amicus brief filed well before the amicus due date, specifically to give her the chance to address those issues.  I suppose that I should be flattered that Garcia mentions the Public Citizen amicus brief in footnote 6 (page 8) of her response, but she mischaracterizes our argument (we discussed the issue of the heckler's veto in explaining Public Citizen's interest in maintaining robust section 230 immunity, not in addressing the panel opinion), while not responding to the issues of prior restraint and copyright misuse that we did raise for the panel's consideration.