I’m pleased to report that the judge agreed with our arguments and those of the Electronic Frontier Foundation/Digital Media Law Project of Harvard Law School and denied Gina Crosley-Corcoran’s motion to dismiss my lawsuit. The case will be going forward in Massachusetts.
EFF makes the valid point that even a two-week improper removal of lawful speech from the public domain “‘causes significant injury . . . where time-sensitive or controversial subjects are involved and the counternotification remedy does not sufficiently address these harms.’
Because, for present purposes, “a knowing and material misrepresentation” is adequately pled, defendant’s motion to dismiss is DENIED.
You can read the full opinion here: