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New Hampshire Court: First Amendment Says You Can Call a Patent Troll a Patent Troll

posted by janrinok on Saturday April 14 2018, @10:25PM   Printer-friendly
from the calling-a-spade-a-spade dept.

-- OriginalOwner_ writes:

TechDirt reports

A New Hampshire state court has dismissed a defamation suit filed by a patent owner unhappy that it had been called a "patent troll". The court ruled [PDF] that the phrase "patent troll" and other rhetorical characterizations are not the type of factual statements that can be the basis of a defamation claim. While this is a fairly routine application of defamation law and the First Amendment, it is an important reminder that patent assertion entities--or "trolls"--are not shielded from criticism. Regardless of your view about the patent system, this is a victory for freedom of expression.

[...] The court went on to explain that "patent troll" is a term without a precise meaning that "doesn't enable the reader or hearer to know whether the label is true or false". The court notes that the term could encompass a broad range of activity (which some might see as beneficial, while others see it as harmful).

The court also ruled that challenged statements such as "shakedown" and comparisons to "blackmail" were non-actionable "rhetorical hyperbole". This is consistent with a long line of cases finding such language to be protected. Indeed, this is why John Oliver can call coal magnate Robert Murray a "geriatric Dr. Evil" and tell him to "eat shit". As the ACLU has put it, you can't sue people for being mean to you. Strongly expressed opinions, whether you find them childish or hilariously apt (or both), are part of living in a free society.

Original Submission

 
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  • (Score: 3, Interesting) by Arik on Sunday April 15 2018, @01:58AM (2 children)

    by Arik (4543) on Sunday April 15 2018, @01:58AM (#667120) Journal
    NO.

    We need the opposite. School and State should be constitutionally separated, just as Church and State are.
    --
    If laughter is the best medicine, who are the best doctors?
    Starting Score:    1  point
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  • (Score: 1) by nitehawk214 on Sunday April 15 2018, @06:52PM (1 child)

    by nitehawk214 (1304) on Sunday April 15 2018, @06:52PM (#667357)

    What the fuck?

    --
    "Don't you ever miss the days when you used to be nostalgic?" -Loiosh

    • (Score: 2) by Arik on Sunday April 15 2018, @08:28PM

      by Arik (4543) on Sunday April 15 2018, @08:28PM (#667376) Journal
      http://www.wesjones.com/gatto1.htm

      School is no place for kids.
      --
      If laughter is the best medicine, who are the best doctors?