Duke University Tries To Shut Down Lacrosse Players' Blog
from the apparently-streisand-doesn't-play-lacrosse dept
It would appear that officials at Duke aren't particularly familiar with The Streisand Effect. As you may have heard, a few years back there was a case that got a ton of media attention, with some Duke lacrosse players being accused of rape. Eventually, after fanning the flames in the media, prosecutors had to drop the case for lack of any actual evidence -- and the prosecutor who led the charge was disbarred. The lacrosse players are striking back, suing the University and the city of Durham. As the case moves forward, they've put up their own blog, at DukeLawsuit.com. However, the university and the city aren't too happy about it and have tried to get the court to force the blog offline -- which, of course, is only drawing a lot more attention to it.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: blog, duke, lacrosse players, streisand effect, takedown
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Gag Orders
It certainly wouldn't be a stretch for a judge to hold that posting information to a web site is nothing but an end-run around a legitimate gag order and shut it down.
However, in this case it doesn't appear that any gag order has been issued so there's nothing for the plaintiffs to violate. Here it seems like the defendants just want the web site silenced because they don't like it, which isn't really a valid legal basis for anything.
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Re: Gag Orders
It has never stopped anyone from suing before...
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Gag orders...
If the University were sued for something it said it didn't do, a gag order would be appropriate until the facts were decided, to protect the reputation of the University in the event that they were vindicated.
In this case, the facts are proven (the guys were wrongfully arrested and their University did not stick up for them.), only the legality of those actions are being debated, so a gag order is neither neccesary or appropriate.
The University wants to run from the bad publicity and they want the courts to provide them with a tent until the downpour stops, but the court system is not designed to protect you from a backlach of your own admitted actions.
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Duke = meh
Now, these guys should, most definitely, be ticked off - the case was handled almost as bad as the OJ case and we all know HE was guilty...
But enough of my thoughts...focusing on the issue at hand - these guys have all the right to post what they want. HOWEVER, they need to be careful not to committ libel based on their blogging.
In either case, I dont see this ending well for EITHER the university of the lacrosse players - plenty of cases to pick from in which blogging (in a fashion like the lacrosse players are doing) has backfired. The players are just going to end up hurting themselves and the university.
Its a lose-lose situation for all.
For once, wont somebody think of the children!!!
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Re: Duke = meh
For you to proclaim them guilty after a court examination of the evidence found otherwise is what's really absurd.
Perhaps you should follow your own advice.
So, how long have you worked for the university?
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Re: Duke = meh
The accuser was (and probably is) profoundly mentally disturbed.
To assert that "some of these guys are guilty" demonstrates an interesting approach to truth and reality---unfortunately one shared by many.
Anon2.
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Re: Duke = meh
Chris
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my only question is "is the everything" or just stuff to make the lacross players look good?
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Guilty?
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Guilty?
Because Mike Nifong wanted to get re-elected, he lied and hid the truth about the whole thing.
The administration of Duke University, because the so called victim was black and the boys white, they let them to the jackals. You see the lairs and cheats are now in charge of the school system in America today.
The top law enforcement for the state the state attorney general came out and proclaimed them to be innocent of all the charges.
These boys deserve every nickel that can be bleed from Duke and Nifong.
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Duke is just
Duke acknowledges that the material on the website either quotes or closely paraphrases the allegations contained in the plaintiffs’ complaint. Duke also concedes that the material thus falls within the safe harbor provided by the local rules for attorney comments that convey information in a public record
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should have read
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