Cambridge, MA - June
23, 2009 - The
Citizen Media Law Project (CMLP), assisted by
CMLP, in conjunction with the Reporters Committee for Freedom of the Press
(RCFP) and with the assistance of local counsel Paul Apple of Drummond Woodsum
& MacMahon in Portsmouth, NH, submitted an amicus curiae brief in the case of The Mortgage
Specialists, Inc. v. Implode-Explode Heavy Industries, Inc. The
case involves Implode-Explode Heavy Industries, Inc., which runs a mortgage
industry website that posted a New Hampshire Banking Department document, obtained
from an anonymous source. That document
described certain business practices of the Mortgage Specialists, Inc., a
lending company under investigation in
In their brief, the amici focused on a series of cases in which courts permitted the publication of confidential or controversial documents – from the U.S. Supreme Court in the famed Pentagon Papers case through recent cases involving recorded cell phone conversations and videos of police searches posted online. Amici also provided extensive caselaw support for the proposition that anonymous news sources should be protected.
amici urged the New Hampshire Supreme
Court to carefully consider the harm the Superior Court’s ruling would have on
freedom of the press, noting in their brief that the publication of this
document “is not unlawful in
CMLP was represented on the brief by the Cyberlaw Clinic. The CMLP and the Cyberlaw Clinic are both based
“It was a great privilege to work with the CMLP and RCFP on this important issue,” Sellars said. “We hope the New Hampshire Supreme Court will carefully weigh the First Amendment rights at stake in this case.”
the Citizen Media Law Project
The Citizen Media Law Project, which is jointly affiliated with the
The Cyberlaw Clinic, based at the Berkman Center for Internet & Society, engages Harvard Law School students in a wide range of real-world litigation, licensing, client counseling, advocacy, and legislative projects and cases, covering a broad spectrum of Internet, new technology, and intellectual property legal issues. The Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. Among many other areas, the scope of the Clinic’s work includes counseling and legal guidance regarding complex open access, digital copyright, and fair use issues; litigation, amicus filings, and other advocacy to protect online speech and anonymity; legal resources and advice for citizen journalists; licensing and contract advice, especially regarding Creative Commons and other “open” licenses; patent reexamination requests for overly broad technology patents; and guidance and amicus advocacy for effective but balanced protection of children in the areas of social networking, child pornography, and online exploitation. More information can be found at http://cyber.law.harvard.edu/clinical.
Berkman Center for Internet & Society Harvard University
Last updated July 23, 2009
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