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: 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."

Reader Comments (rss)

(Flattened / Threaded)

  1. identicon
    Hoeppner, Feb 27th, 2008 @ 5:08am

    so how does a normal citizen send in an amicus curie brief?

    reply to this | link to this | view in thread ]

  2. icon
    Killer_Tofu (profile), Feb 27th, 2008 @ 5:18am

    Good to see

    That some people still care about our constitution since a good amount of politicians don't. Mainly those in control right now.

    reply to this | link to this | view in thread ]

  3. identicon
    Matt Bennett, Feb 27th, 2008 @ 7:35am

    The democrats, you mean?

    reply to this | link to this | view in thread ]

  4. identicon
    MIchael, Feb 27th, 2008 @ 7:55am

    was bound to happen

    Now they just fight to get it overturned, it was going to happen eventually, the site pissed off some rich people. Oh and Matt its Republicans that are in control retard, you can't blame democrats for the last two terms, though if they get elected and start cleaning up this mess I'm sure you'll blame them for the neocon mess anyway.

    reply to this | link to this | view in thread ]

  5. identicon
    dan, Feb 27th, 2008 @ 9:13am

    You are kidding right?

    Cmon Michael, The dems have been in control for over a year now and what have they done? This happened on their watch. It will be interesing to see how all you whiny liberals act when Obama gets in office and the same stuff still happens...

    reply to this | link to this | view in thread ]

  6. icon
    Killer_Tofu (profile), Feb 27th, 2008 @ 9:49am


    Not really wanting to get into a large argument over all things political, but just to rebuke you dan:

    The judge was not put in place by those currently in a Majority in the House of Reps. So your argument there is kind of flawed.

    Also, have you noticed how any good thing (although I know there is bad attached to it, but thats always hidden, no matter who is in power) that they have wanted to talk about right now, the president just says he will veto it? Kind of makes it hard to make things better when everything you want to do is just shot down.
    Just a thought.

    reply to this | link to this | view in thread ]

  7. identicon
    John Duncan Yoyo, Feb 27th, 2008 @ 9:57am

    Re: You are kidding right?

    The guy steering the bus is still Bush. The congress can't do tons to really stop him. It's too late to impeach him they can just not fund things he wants to do.

    According to it is still over 327 days before he gets sent to his Elba in Crawford Texas.

    reply to this | link to this | view in thread ]

  8. identicon
    Ray Trygstad, Feb 27th, 2008 @ 11:17am

    Wikileaks alternate domain name...

    Just to help out, I have pointed a subdomain of one of my domains at the main Wikileaks site: An appropriate name for the site, given the circumstances!

    reply to this | link to this | view in thread ]

  9. identicon
    Different Mike, Feb 27th, 2008 @ 11:39am

    And all this infighting gets us where?

    Yes it the same argument every single time. Republicans/Conservatives blame the Democrats/Liberals and vice versa. Always pointing fingers, but never noticing that very few if any politicians on either side really do anything. But by being sure that there is "the other side" to blame and point fingers at distracts us from the reality and gives us a team to root for.

    The only thing politicians on either side ever do is try to make sure they get reelected.

    reply to this | link to this | view in thread ]

  10. identicon
    Anonymous Coward, Feb 27th, 2008 @ 1:40pm

    Re: You are kidding right?

    They've tried to do a lot, but have been constantly vetoed.

    reply to this | link to this | view in thread ]

  11. identicon
    erick gammon, Feb 28th, 2008 @ 12:39pm

    The Judge is a BUSH appointee

    The Judge was appointed by George Bush (The Current President)in 2002. How is this the Democrats Fault ? Nice try Dan...

    The judge is a Republican, protecting a large bank that caters to the rich.

    Enough Said

    reply to this | link to this | view in thread ]

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