Various Rights Group Fight Back Against The Wikileaks Injunction
from the standing-up-for-freedom-of-speech dept
Last week, the decision by a California court to have a registrar attempt to force Wikileaks offline got plenty of attention — not the least of which was because the injunction had no impact on the site’s IP address: 22.214.171.124. Yet, much more troubling were the implications concerning why a judge in California would try to take down an entire site because of complaints from a Swiss bank about just a few documents on the site concerning a lawsuit in Switzerland. Now it appears that plenty of organizations who fight for various civil rights have shown up to file briefs against this questionable ruling.
Paul Alan Levy, of the group, Public Citizen, writes in to let us know: “We at Public Citizen are concerned with the First Amendment and the issue of prior restraint, but in attacking the orders we decided to focus on some more technical issues that neither the lawyers in the case nor, apparently, the judge had noticed. Thus, earlier today, along with the California First Amendment Coalition, we filed a brief pointing out that the case did not even qualify for federal court jurisdiction because there are subjects of foreign states on both sides of the case — the Swiss bank on one side, and Wikileaks, many of whose members are abroad, on the other side. In addition, we point out that the main cause of action on which the bank relied, section 17200 of the California Business and Professions Code, applies only to unfair or unlawful “business practices” and hence does not apply to completely non-commercial web sites like Wikileaks. Our brief is discussed on the Citizen Vox blog, and in this press release.
A brief attacking the injunction on First Amendment grounds was also filed today by a coalition of media organizations. Finally, the ACLU of Northern California and EFF have also filed a brief arguing against the decision on First Amendment grounds.”