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specifically not a blog about tech and ip law
June 4, 2004

New Kinja Feature: Favorites

You can now view a list of all the sites I aggregate via Kinja: Kinja Favorites.


June 3, 2004

Today's Brief

I'm sad to see Lori Patel is gone but Lydia Markoff is doing a good job so far having taken over for her in putting together Today's Brief on law.com. I find it to be a daily must read.


Homosexual still libel per se?

Gawker editor Choire Sicha directs us to a NY Lawyer article Being Labelled Gay May No Longer Be Defamation discussing Southern District Judge Charles S. Haight Jr. ruling issued last week in Lewittes v. Cohen, wherein he observed that "welcome shifts in social perceptions of homosexuality" create "good reason" to question the precedents embracing the per se approach.

I also saw that Legal Reader had a post last week pointing to a ruling out of Massachussets wherein District Judge Nancy Gertner indicated that stating that someone is homosexual does not libel or slander them, particularly in light of new court decisions granting gays more rights.

As Choire says, while linking to some blind items from the post, "I bet we'll be finding out the hard way about that whole gay/defamation thing soon enough."

Update: I just noticed that How Bashman has posted a link to this article on a student being suspended for wearing an anti-gay t-shirt to a gay rights celebration.

See also: "Homosexual" As Defamation


More on Blog Disclaimers

Robert Scoble, of Scobleizer and Microsoft on disclaimers: "When would I not listen to my bosses? If they told me to put a disclaimer on every post. That's not a blogging best practice, sorry Josh. Find another way."

He's referring to this josh ledgard post: "Some Microsofties are now including disclaimer text at the end of each posting in addition to linking to a disclaimer on the sidebar. A long internal thread went around where 'best practice' guidance was given from a member of the legal team that included inserting the disclaimer into every entry as well as in any comment we leave on other blogs."

I think adding this language to your disclaimer though may be helpful: "The views expressed herein are solely the author's and should not be attributed to his employer or their clients. This site is not maintained utilizing the author's employer's resources or on company time."

See also blawging difficulties.

Update: Loosely Coupled asks whether rss/atom feeds should contain a disclaimer field since so many readers only peruse the site in that manner: "if no one ever sees my disclaimer, am I actually disclaiming any liability?"

Also, josh ledgard whose post got us rolling here, discovers that lawyers blog and responds to my disclaimer language by saying that sometimes blogging is part of the job.


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:: (c) 2003-2004 Kevin J. Heller some rights reserved ::

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