Expressing freedom of speech or breaking the law? Podcast: August 2011
That is one question that many corporate general counselors may be asking as they try to decide whether to take an anonymous online critic to court. Recently we’ve seen many companies fail in their attempts to prosecute vocal online critics and make sites like Google and Twitter turn over their identities.
So where do we draw the line? When are people simply exercising their First Amendment rights versus violating the law?
For answers to these questions and more, we turned to Craig Newman, partner in the New York office of Richards Kibbe and Orbe LLP, to hear his take on when companies should go after anonymous posters on the internet through litigation.
Although it is not easy for companies to prove the validity of their lawsuits against online anonymous posters, it is an increasing trend as companies generate more creative legal claims. Craig is a reporter-turned-lawyer and has some interesting insight into the paradoxical nature of this recent development online and in the courts.
Listen to the full interview with Craig by clicking on the player below or downloading it here.