Category Archives: Privacy & Defamation

Unmasking Fuboy

In Hadley v. Subscriber Doe a/k/a Fuboy, the Illinois Supreme Court weighed in on defamation claims arising from anonymous internet posts. In Hadley, an anonymous poster using the screen name “Fuboy” commented on an on-line article discussing Bill Hadley’s campaign … Continue reading

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Threat or Theatre?

The Supreme Court issued its opinion in Elonis v. U.S., commonly known as the “Facebook threats” case, earlier this week.   The case involved charges under the federal “threats statute,” which criminalizes communicating “any threat to injure the person of another,” … Continue reading

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What’s in a Name? Unidentified Professor’s Defamation Claim Dismissed

As reported in the Chicago Daily Law Bulletin (login required), an Illinois appellate court affirmed dismissal of a Northwestern University professor’s lawsuit against media outlets over headlines reporting that he was alleged to have “raped” a student.  See Ludlow v. … Continue reading

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“Double Dipping Doctor” Defamation Dispute Dismissed

An Illinois appellate court affirmed the dismissal of the former Chief of Osteopathic Surgery at Stroger Hospital’s complaint against various media outlets for reporting that the hospital overpaid him tens of thousands of dollars via direct deposit while he was on an … Continue reading

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Another Business Learns The Power of Social Media

Recently, Indiana passed a law called the “Religious Freedom Restoration Act”.  Regardless of your views on that law, its propriety, and its purpose, its enactment empowered business owners to publicly express their religious beliefs.  One such business was Memories Pizza.  … Continue reading

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Court: First Amendment Unleashes “Raging Bitch” Beer

Following a recent decision from the Sixth Circuit Court of Appeals, the craft brewery Flying Dog will be able to pursue First Amendment claims against the state liquor commissioners who barred it from selling its “Raging Bitch” Belgian Style IPA … Continue reading

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Plug or Perish

FVLD attorney Seth Stern recently made a presentation to the Chicago Bar Association comparing the European Union’s “Right to be Forgotten” to United States privacy law.  Seth explained that any Right to be Forgotten legislation in the USA faces significant … Continue reading

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Circuit Court Affirms That Charter School Operator Must Comply with FOIA

A scandal ridden Chicago charter school operator must produce documents under the Illinois Freedom of Information Act (the “FOIA”).  The Circuit Court of Cook County ruled against UNO Charter School Network, Inc. (“UCSN”) and United Neighborhood Organization of Chicago (“UNO”), … Continue reading

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The New Miami Vice

Slate reports on a recent appellate case from Florida holding that the state’s anti-teen sexting statute is unworkable on its face.   Apparently, the law makes a teen’s first sexting offense a civil offense, but juveniles cannot be prosecuted for civil offenses … Continue reading

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The Tao of the Internet: FCC and FTC Getting Aggressive

Two federal government agencies issued consumer protection warnings last week in connection with trending Internet practices.  While the Federal Communications Commission (FCC) sought to facilitate personal connectivity, the Federal Trade Commission (FTC) expressed concerns over the risks of consumers meshing … Continue reading

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Plug or Perish

FVLD’s January Legal Update discusses significant new laws that will affect both individuals and businesses in Illinois this year.  In short, if your New Year’s Resolutions for 2015 included making surreptitious recordings of private conversations and posting revenge porn online, … Continue reading

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If Hackers Can Gag Sony, Can Sony Muffle Them?

Following the recent cyber-attack on Sony Pictures Entertainment, numerous media outlets received a threatening letter from David Boies, Sony’s lawyer, demanding that they not republish or otherwise use the hacked Sony documents and destroy any copies that they may have.  … Continue reading

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Mixed Results in Acquitted Rape Suspect’s Online Defamation Case

Rulings on an attorney’s complaint against online media outlets for reporting on sex charges against him present a mixed bag.  In Huon v. Breaking Media et al., a federal judge in Chicago dismissed the attorney’s claims against Gawker Media, publisher … Continue reading

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New York’s Highest Court Strikes Anti-Cyberbullying Law

The New York Court of Appeals in People v. Marquan M. has struck down a local law that criminalized cyberbullying.  The court agreed with a high school student who had been charged under the law that the law was overbroad … Continue reading

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Google Removes Search Results After EU’s “Right to be Forgotten” Ruling

Google has started to remove individuals’ search results from its European websites due to the “right to be forgotten” ruling by the European Court of Justice (ECJ) last month. Within weeks of the ECJ’s ruling, Google has already received more … Continue reading

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