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Articles Posted in First Amendment

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Lubin Austermuehle Continues its Partnership as One of Viriant’s Preeminent Law Firms as Part of a Nationwide Network to Stop Cyber Smears and Anoymous Postings Attacking Businesses and Professionals — Chicago Reputation Defenders and Internet Defamation Lawyers

Lubin Austermuehle and Viriant’s Combined Efforts Help Remove Defamatory Internet Posts Lubin Austermuehle is among a handful of leading lawyers from across the country picked as a member of Viriant’s nationwide network to protect companies, doctors, lawyers, accountants and other professionals from defamation on the cyber smears and internet defamation. We…

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Personal Jurisdiction and First Amendment Defenses in Cyber Smear and Internet Defamation Cases — Top Chicago Internet Defamation Lawyers Near Oak Brook and Naperville

We defend and prosecute cyber smear and internet defamation cases throughout the Chicago area including near Schaumburg, Aurora, and Wheaton. We have defeated claims against our clients with a number of creative defenses founded on the First Amendment, Innocent Construction or personal jurisdiction defenses.  We have also prevailed against such defenses…

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Families of Sandy Hook Victims Sue Online Conspiracy Theorist — Chicago Defamation Slander and Libel Attorneys Near Naperville

Tensions between American citizens are higher than ever with no sign of slowing down any time soon and there’s ample evidence that the 2016 election played a significant role in widening those divides. Trump’s presidential campaign ran on a platform of anger and division as he routinely worked his rally…

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First Amendment Protects Town Resident to Publish Blog on Pig Smell

The First Amendment to the U.S. Constitution is arguably the most important part of the document because it guarantees all citizens the right to free speech. It means we have the right to openly debate (and criticize) each other, our neighbors, public figures, and most importantly, our own government. That…

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Free Speech? Let them NOT have cake instead!

Marie Antionette’s, “Qu’ils mangent de la brioche” has been woven into the fabric of an American case in today’s age concerning gay rights and freedom of speech.  The cost of regulating free speech is quantified by the emotional, political and economic costs overall.  These aspects are weighed against the cost…

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Freedom of Speech in the Cyberworld Context Continued

Our previous blog post, we discussed the ramifications of posting online reviews anonymously. In that case, a state appeals court ruled that in order to enforce a subpoena for the identities of former employees who had commented anonymously on the workplace review site, the plaintiff must prove the falsity of…

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Freedom of Speech v. Financial Harm: A look at when the Anonymous Posting of Online Reviews will uphold its Privacy

Posting online has become a norm in this tech savvy world that we live in.  For greater transparency in a review, some may choose to post anonymously in fear of ramifications if their name disclosure came about.  Just recently, the ability of an employer being able to find out which…

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New York Times Editor Required to Testify in Palin Defamation Suit — Our Chicago Libel Defamation and Slander Attorneys Defend and Prosecute Libel and Slander Cases

Because freedom of speech is one of our most cherished rights in this country, it’s not easy to file claims for defamation. Our founding fathers saw the value of being able to speak freely and openly to and about each other, especially when it comes to public figures. It is…

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Illinois Passes New Law Restricting Companies From Prohibiting Negative On Line Reviews Which Are Protected by the First Amendment

Online reviews can have a powerful effect on a business these days. Before trying a new product or service, the first thing most people do is check online for reviews other customers have posted about the company and/or their products/services. Websites like Yelp were invented for that very purpose, but…

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Slants win Trademark Rights Suit On First Amendment Grounds Despite Using Racial Slur as a Trademark

Many people and organizations have long tried to get the NFL team known as the Redskins to change their name. The name is certainly offensive to most Native Americans and is a racial slur, but it’s not illegal to use it. The football team has maintained a trademark on the…

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