Rape is currently a hot button issue. There are those who argue that a “rape culture” has been created across the United States, and that our women are in danger everywhere.Β On the other hand,Β there are bloggers like Scott Greenfield who have suggested that there is a difference between rape and regret.
We draw a fine legal line when it comes to the definition of consensual sex and due process. As Scott Greenfield put it, “[t]he law requires reason, or it fails to sustain its legitimacy.”
Last year, Brian Tannebaum wrote about attorney Christopher J. McCann. Apparently McCann was trying to build his online reputation the wrong way.Β Long story short, McCann’s marketeer, Nader, asked Brian if he could write a guest post on Brian’s blog,Β My Law License.
Brian wondered why McCann, who advertised “personal service” on his website, couldn’t just pick up and the phone and ask him to write a guest post instead of having his webmaster do it:
I just wonder why Chris has hired someone to go find lawyers and try to sell himself on their blogs. Can’t he send his own email, or “call directly?” Where’s the “personal service” Chris. Chris?
A few days after Tannebaum posted his article, Matt Brown,Β a young lawyer in Arizona,Β wrote a blog post about availabilityΒ which mentioned McCann in passing. In doing so, Brown described McCann’s marketing techniques as “scummy.”
Ok, fair enough. We call that First Amendment protected opinion. For instance, you may think my blog is stupid, crummy, and boring. While that opinion might hurt my feelings, you’re also entitled to express it.
The First Amendment proudly marches on in the City of Brotherly Love
My partner Leo Mulvihill, along with Larry Krasner, Jon Feinberg, Mike Lee,Β Paul Hetznecker, Michael Coard, andΒ Marni Snyder defended 12 Wells Fargo protesters accused of “defiant trespass.” (Side note: Paul Hetznecker is one of the best criminal defense attorneys in Philadelphia but he doesn’t have a website. Take note, marketeers.)
Last yearΒ the protesters were found guilty by a municipal court judgeΒ for staging a demonstration in a Wells Fargo Bank. The protesters were accused of enteringthe bank, which is a public place, and then refusing to leave.Β The protesters appealed their conviction and asked for a jury trial.
I am representing a SLAPP defendant. The case has gone viral, since the plaintiff is a part-owner of the Miami Heat. The short version is that the Defendant writes about a rich guy. Rich guy sues, and not too many people pick up the story. Rich guy tries to get an injunction against speech. We opposed the case vigorously, including this opposition to the motion for a preliminary injunction. Β Plaintiffβs side then filed a copyright infringement suit against my client and Google. (Freakinβ Google!) Rich guy happens to be part owner of the Miami Heat. On the day the Heat celebrated their World Championship, the whole world points at Plaintiff and starts laughing.
In the meantime, Levine has strong words for anyone who would consider writing about Katz’s lawsuit. “I’d ask you not to publish anything about this,” he says. “Even pointing people toward that blog could constitute further defamation.”
With two lawsuits againstΒ Chevldina, one against Google, and threat of suit directed at anyone who links toΒ Chevldina’s blog, guess what? Katzs wants to sue MORE people!
This blog is not endorsed by or affiliated with any organization, including those above. The links go to stuff we like or think are good resources. However, they might not feel the same way about us. By linking to something or putting a graphic on the side, it does not mean that organization agrees with our content, vouches for the accuracy of our content, or is affiliated with this blog or its contributors in any way. Sadly, sometimes love goes unrequited.