One of the positive outcomes and prouder moments on the Chan v. Ellis appeal is having legal scholar, Eugene Volokh, join my legal team. Many of us were in shock and awe when, at my request, he agreed in July 2014 to look at my case. He offered his insights and expertise to my lead attorney, Oscar Michelen, which culminated with Eugene personally co-arguing with on behalf of my position in front of the Georgia Supreme Court in October 2014. Everyone was honored by his presence and participation. I am certainly proud of my association with him and happy to call him a friend.
Even before my appeal was decided, we knew that my case would make Georgia legal history due to the nature of the First Amendment and Section 230 CDA issues being argued. Win, lose, or draw, we knew the Chan v. Ellis case would ultimately be referred to at some point in the future. However, I didn’t realize that it would only be a few months later in August 24, 2015 when Eugene wrote in his blog, Volokh Conspiracy (hosted by the Washington Post), that he included a reference to Chan v. Ellis in another amicus brief filed in Massachusetts.
The emphasis and argument is that it is well within the First Amendment for anyone to speak ABOUT someone without fear of judicial recrimination. And that is something I and many others greatly value when we write and discuss controversial subjects, actions, and people. Preserving the right to report on others questionable actions is core to the freedom of the press that all bloggers enjoy in the U.S.
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