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Dec 19, 2011

Hot Topics

Two of the issues that I've frequently written on this blog and elsewhere are jurors' use of social media and the Internet, and public access to court proceedings, including cameras in courtrooms.

I've been interviewed on both of these topics in the past few days.

Dec 9, 2011

Murder Conviction Reversal Raises Concern Over Juror Tweets

(cross posted at the Citizen Media Law Project)
The Arkansas Supreme Court has reversed a murder conviction -- and death sentence -- in a case where one juror tweeted during trial, while another fell asleep. Both these problems, the court said, constituted juror misconduct requiring reversal and a new trial. Erickson Dimas-Martinez v. State, 2011 Ark. 515 (Ark. Dec. 8, 2011).

Dec 8, 2011

Another Settlement, As the "Twibel" Watch Continues

Our wait for the first American "twibel" trial -- a defamation trial stemming from comments post on Twitter -- continues, and another settlement has struck out another contender.

Dec 7, 2011

No, the Sky is Not Failling: Explaining that Decision in Oregon

(cross posted at the Citizen Media Law Project)
For an update on this post, see http://bloglawonline.blogspot.com/2012/04/judge-defends-his-decision-on-blogger.html.

There's been a lot of buzz online (and now in the New York Times) about a decision by a federal judge in Oregon who released a decision last week holding that blogger Crystal Cox is was not protected by Oregon's reporters' shield law in a defamation suit against her, which led to a $2.5 million verdict against her. See Obsidian Finance Group, LLC v. Cox, No. CV-11-57-H (D. Or. Nov. 30, 2011). But most of the buzz and criticism is based on an erroneous reading of the decision.

The Dragon Tattoo and the FTC's Taboo

Some of the usual sources for film and media insiders -- Indiewire; The New York Times "Carpetbagger" blog; NPR's "Monkey See" blog; the "All Things Digital" blog; and the Poynter Institute site formerly known as Romenesko -- are buzzing over film critic David Denby's review of “The Girl with the Dragon Tattoo” in the latest New Yorker magazine.