News from Georgia
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Georgia court censors website
Court: 3rd Superior Court District of Georgia
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| Earlier this month, on March 4, Judge Frank J. Jordan, Jr. of the Muscogee County Superior Court of Georgia, Chattahoochee Circuit issued a restraining order against Matthew Chan for posts made on a website he operates. The order holds Chan responsible for comments made by other users on the site and also includes an element of censorship that some are calling unconstitutional.[5]
Chan is the owner and operator of ExtortionLetterInfo.com (ELI), a website that criticizes "copyright trolls"--those who send threats of lawsuits for copyright infringements to Internet users in order to obtain hefty settlements from them. Recently, the message boards on the site have targeted poet Linda Ellis, who has threatened many with lawsuits for posting her poem "The Dash" online without permission. The maximum statutory award for each count of copyright infringement in the U.S. is $150,000. In her letters to copyright infringers, Ellis claims that she will pursue this amount in court, or settle for $7,500. ELI users did not take kindly to the poet's actions and aggressively criticized her online.[6]
Ellis filed for a restraining order against Chan, saying that his and the ELI's actions amounted to stalking. Judge Jordan agreed, saying that Chan, {{"placed the Petitioner [Ellis] in reasonable fear for the Petitioner's safety, because Respondent [Chan] contacted the Pelitioner (and urged others to contact Petitioner) and posted personal information of the Petitioner for the purpose of harassing and intimidating Petitioner."[7]}}
However, Jordan not only ordered the restraining order against Chan, but included an order that Chan remove all mention of Ellis by any user from the entire ELI website. The Electronic Frontier Foundation, a digital rights organization, was quick to protest the judge's ruling, saying that it violated the First Amendment. They explained,
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"The Georgia Court's overreaching order against Chan also contradicts federal law because it holds a service provider to account for users' posts. Section 230 protects websites that host content posted by users, providing immunity for a website from state law claims (including criminal law) based on the publication of "information provided by another information content provider."[6][8]
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Chan may decide to appeal.
For the full text of the order, click here. |
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News from Kentucky
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High-profile lawyer disbarred by Kentucky Supreme Court
Court: Kentucky Supreme Court
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| The highest court in each state has the responsibility and duty to discipline lawyers, if necessary, and otherwise regulate the practice of law within their respective states. On March 21, the Kentucky Supreme Court made a high-profile decision: it disbarred a famous class-action attorney for ethical violations.
Stan Chesley, a long-time class-action attorney, was disbarred in Kentucky for unethical conduct following the settlement of a lawsuit over the once-popular diet drug fen-phen. It appears Chesley and three other attorneys represented 400 clients in a class-action suit against American Home Products, the distributor of the drug. The attorneys created a charity in which to place $200 million judgment proceeds and named themselves directors. At that point, they maintained steadfast control over the funds, taking more than half when they were only entitled to a third.[9][10] Not until a criminal investigation, which led to Chesley's three co-directors being charged and convicted in 2009 of stealing "$94 million that should have gone to their former clients,"[10] were more funds released to the intended recipients. The other three attorneys were also disbarred and two are now in federal prison. Chesley was implicated as being instrumental in the initial cover-up.
Kentucky Chief Justice John D. Minton, Jr. stated in his opinion:
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"While the good reputation he has enjoyed and his generosity serves to exacerbate the tragedy of his fall, they cannot atone for the serious misconduct he has committed in connection with this matter."[9][8]
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In 2011, after its own investigation, the Kentucky Bar Association recommended Chesley make restitution in the amount of $7.5 million. The Kentucky Supreme Court, however, declined to make such a ruling, stating, "there [is] no mechanism to order restitution through a disbarment proceeding."[10]
This disbarment affects Chesley's Kentucky law license only. He resides in Ohio and may still practice there, though he may not be doing so for long. According to the Lexington Herald-Leader, "[t]he Ohio Supreme Court recognizes disbarment orders from Kentucky, but the process is not automatic."[10] Chesley should likely expect similar disbarment proceedings to begin in his home state soon.
Interestingly, Chesley is married to Susan Dlott, who is the chief judge for the United States District Court for the Southern District of Ohio. |
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