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[February 15, 2014]
Experts in First Amendment and Internet Law Urge the Supreme Court of Texas to Rule in Favor of Harrison Barnes [Legal Monitor Worldwide]
(Legal Monitor Worldwide Via Acquire Media NewsEdge) In a case being held in the Supreme Court of Texas, Harrison Barnes PLC, and its founder, Harrison Barnes, are currently in a court battle involving the First Amendment. The most influential scholar in the United States on the subject, Erwin Chemerinsky, has submitted an amicus brief in support of Harrison Barnes.
In Kinney vs. Barnes, on February 6, 2014, Erwin Chemerinsky and Professor Lyrissa Barnett Lidsky, among others, submitted an amicus brief to the Texas Supreme Court. According to court documents, the amicus brief urged the court to rule in favor of Harrison Barnes in the lawsuit. Professor Erwin Chemerinsky has argued in front of courts including the United States Supreme Court regarding issues of free speech and injunctions in defamation cases. He also wrote a widely cited law review article on the subject, Injunctions in Defamation Cases, 57 Syracuse L. Rev. 157 (2007).
Kinney previously worked for Barnes in a legal recruiting firm, but was terminated after it was discovered Kinney was involved in an unethical kickback scheme, according to page 3 of these court documents. Several years after Kinney's termination, critical posts were made online attacking Harrison Barnes and his companies using the screen name "Albert". Through litigation and investigation, Barnes discovered that Kinney was "Albert", as mentioned on page 2 and 3 of these court documents. Kinney hired an attorney to remain anonymous, but, he eventually released the information, according to page 3 of these court documents.
After finding these comments and the true identity of the poster, Harrison Barnes felt that they were defamatory in nature and filed suit against Kinney in California state court for anonymously maligning Barnes and his companies online, according to these court documents. In August of 2009, a news item that was not defamatory in nature was posted on JD Journal, a Company owned by Harrison Barnes. The allegations made in the suit were mentioned in the publication, including the relationship and history between Harrison Barnes and Kinney, Kinney's termination, Kinney's creating a business designed to compete with Barnes' firm, and Kinney's decision to post things that were malignant in nature about Harrison Barnes and his companies online, according to the article and court documents.
Kinney responded to this article on JD Journal by claiming that it constituted actionable defamation. Then a lawsuit was filed by Barnes against Kinney seeking injunctive relief for defamation, according to page 4 of these court documents.
Kinney vs. Barnes is expected to be ruled on soon by the Texas Supreme Court.
Attorneys at Harrison Barnes PLC have a large amount of experience in defamation, internet, and First Amendment law, as well as general litigation, employment law, release estate transactions and litigation, bankruptcy, divorce and family law and criminal law. Defending the rights of their clients is what Harrison Barnes PLC is focused on.
Harrison Barnes PLC is proud of the work they do and the clients that they have helped. Their first commitment is to their clients, which has made them a preferred firm for litigation in Malibu. "Facing a great opportunity or a major crisis, you need to trust the experience, creativity, and dedication we provide. We are proud to be lawyers," says founder Harrison Barnes.
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