Rev. Jerry Falwell Loses Bid to Shut Down Disapproving Web Site

[G_j]

http://www.citizen.org/pressroom/release.cfm?ID=2030

Aug. 24, 2005

Rev. Jerry Falwell Loses Bid to Shut Down Disapproving Web Site

Falwell Sued New York Man to Shut Down Web Site Criticizing Stance on Homosexuality

WASHINGTON, D.C. – In a victory for free speech on the Internet, a New York man ordered to transfer the domain name www.fallwell.com to the Rev. Jerry Falwell will be allowed to keep the Web site, the United States Court of Appeals for the Fourth Circuit has ruled.

Public Citizen attorney Paul Alan Levy represented the New York man, Christopher Lamparello. Lamparello runs a Web site that criticizes Falwell’s views on homosexuality. Falwell sought to transfer the domain name, and after a Uniform Domain-Name Dispute Resolution Policy panel ruled in Falwell’s favor, Lamparello sued in federal court in Virginia to keep his domain name. Noting that for a period of time, Lamparello’s Web site had praised a book and linked to Amazon.com where the book could be bought, a trial judge decided that the site was sufficiently commercial to be subject to the trademark laws and ruled in Falwell’s favor. Lamparello appealed the decision, and the case was argued in front of the United States Court of Appeals for the Fourth Circuit in May.

Public Citizen, which has been a strong defender of First Amendment rights on the Internet, argued that Lamparello’s speech is indisputably protected and not applicable to trademark laws because the site features noncommercial speech. Levy also asserted that the District Court’s opinion should have been reversed because viewers of the Web site were unlikely to be confused about whether Falwell sponsors the Lamparello Web site.

“Lamparello’s website looks nothing like Reverend Falwell’s,” the court ruled today. “Lamparello clearly created his website intending only to provide a forum to criticize ideas, not to steal customers.”

“This is a victory for First Amendment rights on the Internet,” said Levy. “We are pleased that the court agreed that Mr. Lamparello has a right to use Falwell’s name when criticizing him, and has every right to do so on the Internet.”

The American Civil Liberties Union, the American Civil Liberties Union of Virginia and Intellectual Property Law Faculty defended Lamparello’s Web site with “friend of the court” briefs. Local counsel was Ray Battocchi of McLean, Va. The court’s decision is available here.

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[stepnw1f]

1. Whaaaaaaaaaaaa

Sorry, but you religio fascists have had your fun in the sun. Now it's time for your Judgement Day!

:evilgrin:

[Sean Reynolds]

2. Let freedom ring!

[NorCalDem]

3. Come to Philly for the Crack! n/t

[mom cat]

4. The Christo-facists are having a bad week. Hope they have a lot more!

[YDogg]

14. Agreed. God must be smiling.

I think she is, anyway. :bounce:

[clydefrand]

5. Two swatted down in one day! Couldn't happen to better

hypocrites.

[saigon68]

9. 2 Hateful Fundy Nut-Jobs

[Megahurtz]

6. And Another One Bites the Dust..........

[ShockediSay]

7. What do Fallwell & Robertson have in common?

FAT
off the misery they make for others.

Suppose you can throw in Rush the OxHead too.

[BigBearJohn]

8. RECOMMENDED -- KICK

[ClayZ]

10. Whooo HOOOO

Silence those who oppose free speech! (Sarcasm)

Hahahhahaha

[really annoyed]

11. good, good, good!

I'm glad to hear this!

[NAO]

12. Radical Cleric Jerry Falwell and the Dominionist Theocratic Agenda

Fundamentalist Radical Clerics such as Falwell, Dobson, and Robertson are not merely medieval throwbacks or misguided religious hacks. They are part of a well organized subversionary movement known as "Dominionism".

Dominionism constitutes a serious threat to American Democracy. These Radical Clerics have developed and are executing a detailed plan to gradually replace the free, secular democratic society of the United States with a Theocracy.

It is critical that people become aware of the extreme agenda these people have for the United States and ultimately for the world. The results of the 2004 Presidential Election were not a fluke or something that was drummed up over a period of months. It has been in planning for over 20 years, and what we are seeing take place now is, in the words of Katherine Yurica, "the swift advance of a planned coup".

The Swift Advance of a Planned Coup: Conquering by Stealth and Deception - How the Dominionists Are Succeeding in Their Quest for National Control and World Power
http://www.yuricareport.com/Dominionism/TheSwiftAdvanceOfaPlannedCoup.htm

The Despoiling of America: How George W. Bush became the head of the new American Dominionist Church/State
http://www.yuricareport.com/Dominionism/TheDespoilingOfAmerica.htm

The Rise of the Religious Right in the Republican Party
a public information project from TheocracyWatch.org
http://www.theocracywatch.org

The Yurica Report - News, Intelligence, Analysis
http://www.yuricareport.com

The Religious Right - An Anti-American Terrorist Movement
http://www.informationclearinghouse.info/article8816.htm

[rustydad]

13. Rev

How the heck does this a**hole get the name *rev*. He is pur and simple an asshole. bob

[MsConduct]

15. Couldn't have happened to a nicer hypocrite! LOL n/t

[G_j]

16. poor Jerry, those bad judges,...boo hoo...... n/t

[underpants]

17. I wonder is his bubby Pat has any ideas on how to deal with this

:scared:

[meganmonkey]

18. I can't believe they even had to fight this -

The website isn't even spelled the same as Falwell's name!

:shrug: