Posts Tagged ‘defamation’

By Daniel Davidson

There is no denying that Courtney Love has caused, to be modest, a stir in the media with her red carpet appearances and fall on the floor, reveal the white cottons to the world, interviews.  Now, one of Ms. Love’s over the top and bottle of beast influenced, foot in the mouth moments is going to possibly cost her.  She is currently being sued for a rant that she posted on her Twitter account calling fashion designer, Dawn Simorangkir, a drug-pushing prostitute and mentioning that she has had a string of batteries and assaults, as well as telling her over 40,000 followers that she gained her fame through Love and has even stole money from Love.  Is that any way to talk about someone?

Her Twitter rant has officially landed Ms. Love in a Los Angeles court, where she is going to have to convince a jury or judge that she has not defamed the designer’s name.  This could be a landmark case because it will tell us if public figures comments on the social network outlet should be held to the same libel laws as the news media.

This bonanza will see the likes of “social network experts” and even a medical expert to tell us what we all already know, that she is out of her mind.  With Love being out of her mind, she would not have been “subjectively malicious” and, thus, when she went on her rant, she did not intend to defame Ms. Simorangkir. Really?  Social network experts and an insanity defense for twitter comments?

Well it will be interesting to see how this one turns out.  I’m sure it will come with some sort of report of a Courtney Love revealing or inebriated court appearance.

by Jason Fischer

One of the chores inherent in the practice of law is that one has to read a lot of really REALLY dry court opinions.  It’s always nice when you find judges out there who recognize this, and make some effort to keep it interesting.  One of my favorites from law school has always been Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894 (9th Cir. 2002).  Well, this week saw an interesting footnote added to that opinion.

The Back Story

Most will probably remember that there was an annoying pop song, which was recorded back in the 90′s, called “Barbie Girl.”  The group Aqua‘s single claim to fame was a huge success, despite being about as appealing to listen to as nails on a chalkboard — don’t let the number of stars assigned to this YouTube clip fool you.

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TUESDAY, FEBRUARY 07, 2012

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