It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more
The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.).
“If a legal action is based on, relates to, or is in response to a party’s...more
It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few...more
This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie? This year we learned that no, the photographer...more
On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. ...more
A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images.
The plaintiff sued Facebook and the...more
Last month, the Sixth Circuit ruled that website operators are not liable for content provided by others (User Generated Content or UGC) because of Section 230 immunity under the Communications Decency Act in the Jones v....more
We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more
There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more
I think Scottie Pippen is one of the most overrated players in the history of the NBA. My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well....more
TheDirty.com is not exactly deserving of sympathy. Much like Playboy and Hustler pushed the boundaries of the First Amendment in the past, rumor sites like TheDirty.com are pushing the limits of Section 230 immunity for...more
While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more
The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more
Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and...more