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Paul Levy
Cyberlitigator on free speech issues at Public Citizen
Recent Activity
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 3 days ago 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
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
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
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
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
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
by Paul Alan Levy The Proposed Restatement of the Law of Consumer Contracts has been discussed on this blog many times. It is exceptionally controversial: it has been opposed by a large coalition of consumer and civil rights advocacy groups... Continue reading
Posted May 14, 2019 at CL&P Blog
by Paul Alan Levy Those who have been following the issue of copyright trolls for many years may remember that one of the prime features of the Righthaven technique for shaking down unwitting bloggers for payments was to concentrate its... Continue reading
Posted May 10, 2019 at CL&P Blog
by Paul Alan Levy The spring, an unusual coalition of forces made a serious run at gutting the Texas Citizens’ Participation Act, the Texas version of state anti-SLAPP suits that protects consumers and citizen activists from baseless lawsuits intended to... Continue reading
Posted May 8, 2019 at CL&P Blog
Over the past few years, the law firm Higbee and Associates (based in Los Angeles, although it pretentiously labels itself a "National Law Firm") has become identified with a pattern of making aggressive and, in many cases, unsupportable demands for... Continue reading
Posted Feb 12, 2019 at CL&P Blog
The Yes Men perpetrated (or perhaps only collaborated on) a parody of the Washington Post today, distributing tens of thousands of hard copy editions date-lined May 1, 2019 (making the parody too obvious), but also transmitting email from “” domain,... Continue reading
Posted Jan 16, 2019 at CL&P Blog
by Paul Alan Levy A new Virginia case presents one of the less-frequently-litigated issues in the realm of the First Amendment right to speak anonymously — when the identity of an anonymous blogger (or other Internet speaker) can be demanded... Continue reading
Posted Dec 4, 2018 at CL&P Blog
by Paul Alan Levy A recent trial court decision from New York addresses a question about which I have long held a tentative opinion, albeit without having known of any direct precedent to back up my view: When speaker states... Continue reading
Posted Nov 2, 2018 at CL&P Blog