On Friday the DNC served WikiLeaks with a lawsuit via Twitter.
The lawsuit is based on WikiLeaks publishing their emails during the 2016 election. It accuses the publisher of violations of federal copyright laws & Trade Secrets Act.
The last thing the Democrats should want is to hear Julian Assange under oath testifying before Congress in public.
@wikileaks By Court order, you are being served with the following legal documents: https://t.co/ICg8qWnsUy, https://t.co/ZP2tTPJ4pb, https://t.co/RKue30s4hM, https://t.co/q5g0G1rQpQ.
All of these documents may be found here: https://t.co/NOCgvQhh2j.
— Cohen Milstein Sellers & Toll Process Server (@ProcessServiceC) August 10, 2018
The account used to serve WikiLeaks was created right before they sent the tweet.
The Democratic Party had filed a motion in federal court requesting permission to serve WikiLeaks with a lawsuit through the platform in July. The motion claimed that they have been unable to serve the publisher with the lawsuit since April 20.
“Because WikiLeaks has more of a virtual than a physical presence, the court can and should exercise its authority … to authorize service by Twitter,” the DNC argued in their request.
The lawsuit poses serious threats to press freedom and the ability to publish. According to the Bartnicki First Amendment test, a defendant may not be held liable for a disclosure of stolen information if it deals with “a matter of public concern.” The second portion requires that the publisher cannot have been involved in the theft.
The suit does not accuse WikiLeaks of being involved in hacking or stealing the documents in any way,
If the DNC wins this lawsuit, any media outlet that publishes leaked material could in turn be sued by the subject of their reporting.
“Some of the most important stories in contemporary journalism have come from media outlets obtaining and publishing materials that were taken without authorization or even in violation of the law. Both the New York Times and Washington Post published thousands of pages from the top-secret Pentagon Papers after Daniel Ellsberg took them without authorization from the Pentagon — and they won the right to publish them in the U.S. Supreme Court,” Glenn Greenwald wrote for the Intercept. More
Still watching and waiting for them to address the real issue with those emails, and that is what they contained. There have been no arguments made against the validity of them, which must mean that it was the truth that hurt the DNC the most.
The Judge granted the DNC’s motion to serve Wikileaks by Twitter. pic.twitter.com/mBjUH4HlpX
— Julia (@FightWrongs) August 10, 2018
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