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May a Court Enter an Injunction Requiring an ISP to Take Down an Allegedly Defamatory Third Party Post?

The Digital Media Lawyer Blog:  “Communications Decency Act update:  A New Jersey Superior Court judge recently evoked controversy among First Amendment and media law experts by ordering GoDaddy, Domains by Proxy, ASP.net and Verisign to ‘shut down and disable’ three websites which published allegedly defamatory posts.  See Apex Technology Group, Inc. v. Doe, N.J. Superior Ct., Law Division, Middlesex County, No. MID-L-7878-09, Order (Dec. 23, 2009).  The preliminary injunction order was issued based on the plaintiffs’ claim that it had been defamed by postings that appeared on the sites www.endh1b.com, www.itgrunt.com, and www.guestworkerfraud.com.  The order also directed the three websites to take down the posts, as well.”

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