Posts Tagged ‘appeals’

Federal Criminal Defendant Cites Blog’s Reposted Newspaper Story in Appellate Brief

Monday, July 19th, 2010

While Righthaven is suing people left and right for reposting newspaper articles, a federal criminal defendant from North Carolina has cited to a blog’s reposted version of a newspaper article in an appellate brief to the Fourth Circuit.

The case is United States v. John Douglas Bird, Jr., No. 09-4806. The blog is AntiPolygraph.org News, and the paper is the Asheville Citizen-Times.

Here is the portion of the brief’s table of authorities that cites the blog’s repost:

Other Authorities:

* * *

Jon Ostendorff, DA: No Assault Evidence Found Against SBI Agent, Asheville Citizen-Times, Dec. 2, 2009, (accessed on January 25, 2010, at http:// antipolygraph.org/blog/?p=373) … 11

Note: That link won’t work, but this will: https://antipolygraph.org/blog/?p=373.

Indeed, as you might expect from the fact that the brief cited the blog, the Asheville Citizen-Times story is no longer available for free on the newspaper’s website. There is a $3.95 charge to access it from the archives.

Bird is represented by the Federal Defenders office in Charlotte, North Carolina.

10th Circuit Opinion Discusses Something Called a “Blog”

Wednesday, June 23rd, 2010

A slip opinion issued June 14, 2010 by the 10th Circuit in the case of Silver v. Brown shows that the federal appeals court is worried that you might not know what a blog is. The opinion, written by Circuit Judge Monroe G. McKay, puts quotations marks around the word “blog” when first using it:

The basis for Mr. Silver’s personal tort claims for slander, defamation, and duress against Mr. Brown and Mr. McMullen was a “blog” that Mr. Brown posted to the internet regarding this conflict, with the intent of negatively affecting Mr. Silver’s and Santa Fe’s reputation.¹

[Footnote:] ¹ A “blog” is short for “weblog” and is defined as “a Web site that contains an online personal journal with reflections, comments, and often hyperlinks provided by the writer; also: the contents of such a site.” Merriam-Webster Online Dictionary, http://www.merriam-webster.com/dictionary/blog (last visited May 13, 2010).

Judge McKay wouldn’t be the first judge to do this. But as of right now, he appears to be the last.

At least “internet” is no longer drawing quotation marks.

(The slip op may be found on Westlaw at 2010 WL 2354123.)