This is probably one that someone could make a good story out of.

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Brian McNeil <[email protected]>
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--- Begin Message ---
Electronic Frontier Foundation Media Release

For Immediate Release: Wednesday, November 11, 2009

Contact:

Corynne McSherry
  Senior Staff Attorney
  Electronic Frontier Foundation
  [email protected]
  +1 415 436-9333 x122

Matt Zimmerman
  Senior Staff Attorney
  Electronic Frontier Foundation
  [email protected]
  +1 415 436-9333 x127

EFF to Represent Yes Men in Court Battle Over Chamber of
Commerce Action

Davis Wright Tremaine LLP Also Joins in Free Speech Fight

San Francisco - The Electronic Frontier Foundation (EFF)
and Davis Wright Tremaine, LLP, will defend the Yes Men and
other activists in a lawsuit filed against them by the U.S.
Chamber of Commerce over political criticism of the
Chamber's stance on climate change legislation.

In mid-October, the activists staged a "press conference"
in which the Chamber of Commerce ostensibly reversed its
position and promised to stop lobbying against strong
climate change legislation -- a stance that has caused
numerous Chamber members to leave the organization.  As has
been widely reported, before the press conference was even
completed, a Chamber of Commerce representative rushed into
the room and revealed that the Chamber's position on
climate change legislation had not in fact changed.

"The action was a brilliant piece of political theater, but
it had a serious purpose: calling attention to the
Chamber's political activities," said EFF Senior Staff
Attorney Corynne McSherry.  "This is core political speech,
protected by the First Amendment.  We're very pleased that
Davis Wright Tremaine -- with its long, successful history
of protecting free speech rights of Americans -- has joined
us in helping these activists battle a transparent attempt
at censorship."

"U.S. courts have recognized that political parody lies at
the heart of the First Amendment," said Davis Wright
Tremaine LLP partner Bruce Johnson.  "Even if the party
parodied refuses to giggle--or even panics and sues--free
speech will ultimately triumph.  We look forward to a
prompt dismissal of this case and a reaffirmation of the
rights of all Americans to poke fun at the pompous and
powerful."

The Chamber has pulled out all the stops in its effort to
silence the activists.  First, it sent an improper
copyright takedown notice to the Yes Men's upstream
provider, demanding that a parody website posted in support
of the action be removed immediately and resulting in the
temporary shutdown of not only the spoof site but hundreds
of other sites hosted by May First/People Link.  Next, the
Chamber filed suit against the activists in federal court,
claiming among other things the activism infringed their
trademarks.

"Trademark rights do not encompass the right to silence
criticism," said EFF Senior Staff Attorney Matt Zimmerman.
"It is our hope that the Chamber will rethink its lawsuit
and take a position more consistent with its past support
of First Amendment rights."

A response to the Chamber's complaint is due later this
month in the U.S. District Court for District of Columbia.

For more on this case:
http://www.eff.org/cases/chamber-commerce-v-servin

For this release:
http://www.eff.org/press/archives/2009/11/11

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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