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Paul Levy
Cyberlitigator on free speech issues at Public Citizen
Recent Activity
by Paul Alan Levy Although Maryland was one of the first states to adopt an anti-SLAPP law, its weaknesses have become apparent over the years as other states have adopted stronger protections against suits brought to suppress free speech. Two... Continue reading
Posted Dec 4, 2020 at CL&P Blog
by Paul Alan Levy A couple of months ago, South Carolina lawyer B. Craig Killough advanced vague intellectual property claims in objecting to a blog post by a California health policy expert who commented on some aspects of the pricing... Continue reading
Posted Nov 25, 2020 at CL&P Blog
by Paul Alan Levy With a signature last week from Governor Cuomo, New York has become the latest state to enact a strong anti-SLAPP law. Addressing flaws that came to the fore in our recent defense of Richard Robbins, the... Continue reading
Posted Nov 17, 2020 at CL&P Blog
by Paul Alan Levy Yesterday, we filed a motion to quash a search warrant seeking to obtain from Facebook the confidential files of an activist group that has been protesting the refusal of Virginia authorities to step in to protect... Continue reading
Posted Oct 14, 2020 at CL&P Blog
by Paul Alan Levy Last week I explained the many fallacies in a contention by Jill Sprague, General Counsel of the Alameda-Contra Costa County Transit District, that Victoria Fierce, a candidate for election to the ACT Transit Board of Directors,... Continue reading
Posted Sep 28, 2020 at CL&P Blog
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by Paul Alan Levy Much like the case of Jeremy Whittaker a few years ago, a demand letter from the general counsel of an elective transit district in the East Bay seeks to interfere with the political campaign of a... Continue reading
Posted Sep 24, 2020 at CL&P Blog
Over the past several months, I have posted a number of articles about the campaign of intimidating copyright demand letters from Mathew Higbee, who tries to extract money from individuals, nonprofits and small businesses by threatening to file frivolous copyright... Continue reading
Posted Sep 8, 2020 at CL&P Blog
by Paul Alan Levy In past blog posts, I have discussed our efforts to persuade the copyright enforcement law firm headed by Mathew Higbee to concentrate its efforts to pursue copyright infringement claims on behalf of its photographer clients on... Continue reading
Posted Aug 10, 2020 at CL&P Blog
by Paul Alan Levy The New York state trial judge who initially granted a temporary restraining order against both Mary Trump and Simon & Schuster declined late today to extend that order into a preliminary injunction. Faced with a welter... Continue reading
Posted Jul 13, 2020 at CL&P Blog
by Paul Alan Levy The lawsuit filed by Robert Trump against his niece, Mary Trump, seeking to block her from publishing a book that apparently has several damning facts to disclose about Robert’s brother, and Mary Trump’s uncle, our Dear... Continue reading
Posted Jul 6, 2020 at CL&P Blog
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by Paul Alan Levy As I have discussed in several previous posts, Mathew Higbee has built up a significant copyright enforcement business that depends on the issuance of threatening demand letters that are followed up by a small army of... Continue reading
Posted Jun 29, 2020 at CL&P Blog
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by Paul Alan Levy It’s been many years since John Dozier and his associates suffered the humiliation (and subjected their clients to the Streisand Effect) that followed from their habit of appending a threat of copyright infringement litigation to their... Continue reading
Posted Jun 22, 2020 at CL&P Blog
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One of the hard lessons that I have learned over my years of practice is that, although some lawyers believe that they can increase the in terrorem effect of a complaint or a demand letter by piling on claims, the... Continue reading
Posted Mar 25, 2020 at CL&P Blog
Over the past couple of years, there has been a fair amount of controversy about the role played by Trump Administration official Mick Mulvaney in a land deal gone bad and his efforts to manipulate the law to protect himself... Continue reading
Posted Feb 25, 2020 at CL&P Blog
Late last year, I wrote about an abusive subpoena that California Congressman Devin Nunes was pursuing in Virginia state court, seeking to identify the owner of a satirical Twitter account that makes fun of Nunes, referring to his family history... Continue reading
Posted Feb 24, 2020 at CL&P Blog
by Paul Alan Levy In pursuit of his frivolous libel suit against Devin Nunes’ Cow and other defendants in Henrico County, Virginia, Congressman Devin Nunes has served subpoenas on Twitter, on a local political consultant, and on a Richmond law... Continue reading
Posted Dec 10, 2019 at CL&P Blog
by Paul Alan Levy Because I have written a few pieces about the excesses of the copyright enforcement campaign conducted by Mathew Higbee and his law firm, Higbee and Associates, for nearly a year now I have been getting a... Continue reading
Posted Nov 12, 2019 at CL&P Blog
by Paul Alan Levy It always happens during the presidential election season. This year, a bogus DMCA takedown was aimed at a video posted to Twitter by Donald Trump. Promoting his wild conspiracy theories about potential election opponent Joseph Biden,... Continue reading
Posted Oct 4, 2019 at CL&P Blog
by Paul Alan Levy The United States Court of Appeals for the Third Circuit recently upheld the rights of litigants to use public pressure to discourage companies from suing them. The issue arose in Bank of Hope v. Chon, when... Continue reading
Posted Sep 20, 2019 at CL&P Blog
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by Paul Alan Levy The personal and commercial heirs of the deceased photographer Korda, best known for the iconic photograph of Che Guevara that has adorned Tshirts and posters displayed by young admirers for fifty years, have issued a takedown... Continue reading
Posted Sep 19, 2019 at CL&P Blog
by Paul Alan Levy Back in June 2019, the last time I had occasion to write about Mathew Higbee’s bullying pursuit of copyright claims against alleged infringers, he had just backed away from a confrontation on the part of one... Continue reading
Posted Sep 16, 2019 at CL&P Blog
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by Paul Alan Levy What sort of showing must a criticized business make when it wants to identify an anonymous online critic on the theory that the critic was never an actual customer and that, consequently, any criticisms are necessarily... Continue reading
Posted Jul 31, 2019 at CL&P Blog
by Paul Alan Levy About a month ago, I blogged about a new variant in Matthew Higbee’s high-volume copyright enforcement practice on behalf of photographers, in which he was pursuing the hosts of online forums where users had posted copyrighted... Continue reading
Posted Jun 5, 2019 at CL&P Blog
by Paul Alan Levy Considering that it was the Colorado Supreme Court that pioneered the concept of the SLAPP suit with its path-breaking decision in Protect Our Mountain Environment, and that it was University of Denver professors Penelope Canan and... Continue reading
Posted Jun 5, 2019 at CL&P Blog
by Paul Alan Levy As reflected in an update to my blog post from yesterday, ALI has issued a blustery letter insisting that it did no wrong by trying to enforce its copyright against Adam Levitin's publicly posting of the... Continue reading
Posted May 15, 2019 at CL&P Blog