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SPEECH Act – US and Canadian defamation standards

In a case of first impression, the Fifth Circuit recently applied the Securing the Protection of our Enduring and Established Constitutional Heritage Act (“SPEECH Act”) to protect a blogger from a defamation-based default judgment obtained in Canada.  28 U.S.C. § 4201; Trout Point Lodge, Ltd. v. Handshoe, No. 13-60002 (5th Cir. Sept. 5, 2013). The plaintiffs had … Continue reading

Glossary of US Laws

The following non-exhaustive list of state, federal, and foreign statutes may apply to social media issues. Anti-SLAPP (U.S. state law) – provides protection against Strategic Lawsuits Against Public Participation (“SLAPP”). See our posts on anti-SLAPP. Americans With Disabilities Act (“ADA”) – U.S. federal law that prohibits discrimination based on disability. See our posts on ADA. Canada’s Anti-Spam … Continue reading

The Legal Gray Area of Retweeted Content

It seems axiomatic that social media users can be held accountable for making false, misleading, defamatory, or libelous statements in a Facebook post or Twitter “tweet.” This fact is well-illustrated by a number of high-profile lawsuits (none of which have yet gone to trial) brought by individuals against Twitter users, including the recent lawsuits threatened … Continue reading