Blumenthal V. Drudge
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Blumenthal V. Drudge
''Blumenthal v. Drudge'', 992 F.Supp. 44 (D.C.D.C., 1998),''Blumenthal v. Drudge''992 F.Supp. 44(D.D.C., 1998). was a case of the United States District Court for the District of Columbia, over online defamation and whether an Internet service provider has legal liability for defamatory comments made by its users. The ruling became an early precedent upholding the legal protections enjoyed by online businesses as provided by Section 230 of the Communications Decency Act, though it raised unresolved questions about the legal responsibilities of online journalism. Background Matt Drudge was the author and operator of the ''Drudge Report'', and early Internet news commentary and political gossip site, which at the time was hosted by America Online (AOL). In August 1997, Drudge reported that Sidney Blumenthal, an adviser to President Bill Clinton, had been accused of spousal abuse against his wife Jacqueline. Drudge first e-mailed the story to direct subscribers of the ''Drudge Report ...
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United States District Court For The District Of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of Hawaii and the High Court of American Samoa) federal issues that arise in the territory of American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the Internationa ..., which has no local federal court or United States territorial court, territorial court.https://www.gao.gov/products/GAO-08-1124T U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia C ...
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Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate to ...
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United States Defamation Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Section 230
Section 230 is a section of Title 47 of the United States Code that was enacted as part of the United States Communications Decency Act and generally provides immunity for website platforms with respect to third-party content. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. Section 230(c)(2) further provides " Good Samaritan" protection from civil liability for operators of interactive computer services in the good faith removal or moderation of third-party material they deem "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." Section 230 was developed in response to a pair of la ...
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Journalism
Journalism is the production and distribution of reports on the interaction of events, facts, ideas, and people that are the "news of the day" and that informs society to at least some degree. The word, a noun, applies to the occupation (professional or not), the methods of gathering information, and the organizing literary styles. Journalistic media include print, television, radio, Internet, and, in the past, newsreels. The appropriate role for journalism varies from countries to country, as do perceptions of the profession, and the resulting status. In some nations, the news media are controlled by government and are not independent. In others, news media are independent of the government and operate as private industry. In addition, countries may have differing implementations of laws handling the freedom of speech, freedom of the press as well as slander and libel cases. The proliferation of the Internet and smartphones has brought significant changes to the media la ...
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Freedom Of The Press In The United States
Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. History Thirteen Colonies In the Thirteen Colonies before the signing of the Declaration of Independence, the newspapers and the works produced by printing presses in general was subject to a series of regulations. British authorities attempted to prohibit the publication and circulation of information of which they did not approve, and often levied charges of sedition and libel as a means of controlling printing presses. One of the earliest cases concerning freedom of the press occurred in 1734. In a libel case against '' The New York Weekly Journal'' publisher John Peter Zenger by British governor William Cosby, Zenger was acquitted and the publication continued until 1751. At that time, there were only two newspapers in New York City and the second was not critical of Cosby's government. Wroth, 1938, p. 176 U.S. Constitution The First Amendment p ...
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Reporter's Privilege
Reporter's privilege in the United States (also journalist's privilege, newsman's privilege, or press privilege), is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources." It may be described in the US as the qualified (limited) First Amendment or statutory right many jurisdictions have given to journalists in protecting their confidential sources from discovery. The First, Second, Third, Fifth, Eighth, Ninth, Tenth, Eleventh, and D.C. Circuits have all held that a qualified reporter's privilege exists. In the recent case of ''U.S. v. Sterling'', the Fourth expressly denied a reporter's privilege exists under ''Branzburg''. Furthermore, forty-nine states and the District of Columbia have enacted statutes called shield laws protecting journalists' anonymous sources. United States Department of Justice guidelines (United States) The United States Department of Justice created self-imposed gu ...
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Settlement (litigation)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the par ...
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Long-arm Jurisdiction
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction). This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the jurisdiction concerned. At heart, the constraints on long arm jurisdiction are concepts of international law, and the principle that one country ought not exercise state power over the territory of another unless some recognized exception applies. In municipal law, the authority of a court to exercise long-arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. United States Jurisprudence The United States Supreme Court, in ''International Shoe v. Washington'' and later on in ''World-Wide Volksw ...
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Minimum Contacts
Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that the party "could reasonably expect to be haled into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice". A non-resident defendant may have minimum contacts with the forum state if they 1) have direct contact with the state; 2) have a contract with a resident of the state; 3) have placed their product into the stream of commerce such that it reaches the forum state; 4) seek to serve residents of the forum state; 5) have satisfied the Calder effects test; or 6) have a ...
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Zippo Manufacturing Co
A Zippo lighter is a reusable metal lighter produced by Zippo Manufacturing Company of Bradford, Pennsylvania, United States. Thousands of different styles and designs have been made in the nine decades since their introduction, including military versions for specific regiments. Zippo lighters have been sold around the world and have been described as "a legendary and distinct symbol of America." In 2012, the company produced the 500-millionth unit. Since the company's inception, Zippo lighters have been primarily manufactured in the United States, although the company ran an operation from 1949 until 2002 in Niagara Falls, Ontario, Canada. Company history American inventor George G. Blaisdell founded Zippo Manufacturing Company in 1932 and produced the first Zippo lighter in early 1933, being inspired by an Austrian cigarette lighter of similar design made by IMCO. It got its name because Blaisdell liked the sound of the word " zipper," and "zippo" sounded more modern. On ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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