Remedies for Cyber Defamation: Criminal Libel, Anti-Speech Injunctions, Forgeries, Frauds, and More
Featuring Professor Eugene Volokh, UCLA School of Law
Monday, April 9, 2018 at 12:00 pm
This event is sponsored by Lumen, a project of the Berkman Klein Center for Internet & Society at Harvard University.
“Cheap speech” has massively increased ordinary people’s access to mass communications -- both for good and for ill. How has the system of remedies for defamatory, privacy-invading, and harassing speech reacted? Some ways are predictable; some are surprising; some are shocking. Prof. Eugene Volokh (UCLA) lays it all out.
About Professor Volokh
Eugene Volokh teaches free speech law, tort law, religious freedom law, church-state relations law, and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.
Volokh is the author of the textbooks The First Amendment and Related Statutes (5th ed. 2013), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 75 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 35-40,000 pageviews per weekday. He is among the five most cited then-under-45 faculty members listed in the Top 25 Law Faculties in Scholarly Impact, 2005-2009 study, and among the forty most cited faculty members on that list without regard to age. These citation counts refer to citations in law review articles, but his works have also been cited by courts. Six of his law review articles have been cited by opinions of the Supreme Court Justices; twenty-nine of his works (mostly articles but also a textbook, an op-ed, and a blog post) have been cited by federal circuit courts; and several others have been cited by district courts or state courts.
Volokh is also an Academic Affiliate for the Mayer Brown LLP law firm; he generally consults on other lawyers' cases, but he has argued before the Seventh Circuit, the Ninth Circuit, the Indiana Supreme Court, and the Nebraska Supreme Court, and has also filed briefs in the U.S. Supreme Court, in the Fifth, Sixth, Eighth, Eleventh, and D.C. Circuits, and state appellate courts in California, Michigan, New Mexico, and Texas.
Volokh worked for 12 years as a computer programmer. He graduated from UCLA with a B.S. in math-computer science at age 15, and has written many articles on computer software. Volokh was born in the USSR; his family emigrated to the U.S. when he was seven years old.
Lumen is an independent 3rd party research project studying cease and desist letters concerning online content. We collect and analyze requests to remove material from the web. Our goals are to educate the public, to facilitate research about the different kinds of complaints and requests for removal--both legitimate and questionable--that are being sent to Internet publishers and service providers, and to provide as much transparency as possible about the “ecology” of such notices, in terms of who is sending them and why, and to what effect.
Our database contains millions of notices, some of them with valid legal basis, some of them without, and some on the murky border. Our posting of a notice does not indicate a judgment among these possibilities, nor are we authenticating the provenance of notices or making any judgment on the validity of the claims they raise.
Lumen is a unique collaboration among law school clinics and the Electronic Frontier Foundation. Conceived and developed at the Berkman Center for Internet & Society (now the Berkman Klein Center) by then-Berkman Fellow Wendy Seltzer, Lumen was nurtured with help from law clinics at Harvard, Berkeley, Stanford, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law.
Lumen is supported by gifts from Google. All individual and corporate donors to the Berkman Klein Center agree to contribute their funds as gifts rather than grants, for which there are no promised products, results, or deliverables.
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