Barrett V. Rosenthal
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Barrett V. Rosenthal
''Barrett v. Rosenthal'', 40 Cal.4th 33 (2006),, 146 P.3d 510, 51 Cal.Rptr.3d 55 (Cal. Sup. Ct., November 20, 2006). Supreme Court of the State of California, Alameda County, ''Barrett v. Rosenthal: Court Opinion'', Ct.App. 1/2 A096451. was a California Supreme Court case concerning internet, online defamation. The case resolved a defamation claim brought by Stephen Barrett, Terry Polevoy, and attorney Christopher Grell against Ilena Rosenthal and several others. Barrett and others alleged that the defendants had republished libelous information about them on the internet. In a unanimous decision, the court held that Rosenthal was a "user of interactive computer services" and therefore immune from liability under Section 230 of the Communications Decency Act. The California Supreme Court reversed a judgment by the California Court of Appeals#First District, California Court of Appeals, First District, which would have allowed a trial on one of the defamation claims. The lower cou ...
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California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ...
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Alameda County, California
Alameda County ( ) is a county located in the U.S. state of California. As of the 2020 census, the population was 1,682,353, making it the 7th-most populous county in the state and 21st most populous nationally. The county seat is Oakland. Alameda County is in the San Francisco Bay Area, occupying much of the East Bay region. The Spanish word ''alameda'' means either "a grove of poplars...or a tree lined street." The name was originally used to describe the Arroyo de la Alameda. The willow and sycamore trees along the banks of the river reminded the early Spanish explorers of a road lined with trees. Although a strict translation to English might be "Poplar Grove Creek," the name of the principal stream that flows through the county is now simply "Alameda Creek." Alameda County is part of the San Francisco–Oakland–Berkeley, CA Metropolitan Statistical Area, and the San Jose–San Francisco–Oakland, CA Combined Statistical Area. History The county was formed on March ...
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Yahoo!
Yahoo! (, styled yahoo''!'' in its logo) is an American web services provider. It is headquartered in Sunnyvale, California and operated by the namesake company Yahoo Inc., which is 90% owned by investment funds managed by Apollo Global Management and 10% by Verizon Communications. It provides a web portal, search engine Yahoo Search, and related services, including My Yahoo!, Yahoo Mail, Yahoo News, Yahoo Finance, Yahoo Sports and its advertising platform, Yahoo! Native. Yahoo was established by Jerry Yang and David Filo in January 1994 and was one of the pioneers of the early Internet era in the 1990s. However, usage declined in the late 2000s as some services discontinued and it lost market share to Facebook and Google. History Founding In January 1994, Yang and Filo were electrical engineering graduate students at Stanford University, when they created a website named "Jerry and David's guide to the World Wide Web". The site was a human-edited web directory, organi ...
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Google
Google LLC () is an American Multinational corporation, multinational technology company focusing on Search Engine, search engine technology, online advertising, cloud computing, software, computer software, quantum computing, e-commerce, artificial intelligence, and Computer hardware, consumer electronics. It has been referred to as "the most powerful company in the world" and one of the world's List of most valuable brands, most valuable brands due to its market dominance, data collection, and technological advantages in the area of artificial intelligence. Its parent company Alphabet Inc., Alphabet is considered one of the Big Tech, Big Five American information technology companies, alongside Amazon (company), Amazon, Apple Inc., Apple, Meta Platforms, Meta, and Microsoft. Google was founded on September 4, 1998, by Larry Page and Sergey Brin while they were Doctor of Philosophy, PhD students at Stanford University in California. Together they own about 14% of its publicl ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Immunity
Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity describes how well an electronic circuit is protected against electromagnetic interference Law *Legal immunity, the concept of a person or entity being immune from legal liability due to a special status **Absolute immunity, a type of immunity for government officials that confers total immunity when acting in the course of their duties **Amnesty law, a law that provides immunity for past crimes ** Charitable immunity, immunity from liability granted to charities in many countries from the 19th century to the mid-20th century **Diplomatic immunity, agreement between sovereign governments to exclude diplomats from local laws **Immunity from prosecution (international law), exclusion of governments or their officials from prosecution under inte ...
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Landmark Decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in fut ...
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CNET Networks
''CNET'' (short for "Computer Network") is an American media website that publishes reviews, news, articles, blogs, podcasts, and videos on technology and consumer electronics globally. ''CNET'' originally produced content for radio and television in addition to its website and now uses new media distribution methods through its Internet television network, CNET Video, and its podcast and blog networks. Founded in 1994 by Halsey Minor and Shelby Bonnie, it was the flagship brand of CNET Networks and became a brand of CBS Interactive through that unit's acquisition of CNET Networks in 2008. It has been owned by Red Ventures since October 30, 2020. Other than English, ''CNETs region- and language-specific editions include Chinese, French, German, Japanese, Korean, and Spanish. History Origins After leaving PepsiCo, Halsey Minor and Shelby Bonnie launched ''CNET'' in 1994, after website Yahoo! was launched. With help from Fox Network co-founder Kevin Wendle and form ...
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Petition For Review
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. In United States federal courts, the term "petition for review" is also used to describe petitions that seek review of federal agency actions. Function of petitions for review in appellate procedure In jurisdictions that utilize petitions for review, parties may file a petition in an appellate tribunal that asks the appellate tribunal to determine whether the previous court or tribunal reached the correct outcome. In some jurisdictions, appellate tribunals will not rule on issues that are not raised in petitions for review. Some courts also prohibit parties from filing other motions (such as a motion for summary judgment) when they file petitions for review. Becau ...
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Attorney's Fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an Lawyer, attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the "American rule (attorney's fees), American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific Statute, statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attorneys ...
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Strategic Lawsuit Against Public Participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. In a typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization's ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat. SLAPPs bring about freedom of speech concerns due to their chilling effect and are often difficult to filter out and p ...
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Special Motion To Strike
The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue. If the moving party prevails, they are entitled to attorney's fees by right. The motion is codified in section 425.16 of the Code. More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction. The statute expressly applies to any writing or speech made in connection with an issue un ...
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