[Seth-Trips] Yahoo v. LICRA en banc, 9th Circuit, March 24

[Seth David Schoen]

Yahoo! Inc. v. La Ligue Contre Le Racisme Et L'Antisemitisme, 01-17424
Three-Judge Panel Opinion: 379 F.3d 1120 (9th Cir. 2004)
Order Taking Case En Banc: 2005 WL 350410 (9th Cir. February 10, 2005)
Date of Order Taking Case En Banc: February 10, 2005
Status: Calendared March 24, 2005, 11:00 a.m., San Francisco
Members of En Banc Court: Not yet available
Subject Matter: Whether the federal district court has personal
jurisdiction over defendants, French organizations in an action
brought by Yahoo! seeking a declaratory judgment that orders issued by
a French court were unenforceable. Whether the exercise of personal
jurisdiction requires wrongful conduct by the defendant and whether
the Supreme Court?s ?express aiming? test may be met by a defendant?s
intentional targeting of actions at plaintiff in the forum state.
Holding: Not yet decided


Yahoo v. LICRA is an important free speech case in which Yahoo has
asserted its rights to publish on-line racist material that would
be forbidden by French law.  After a French court prohibited Yahoo
from publishing this material, Yahoo asked a U.S. court to declare
that the French court's ruling could not be enforced in the U.S.
The U.S. court agreed with Yahoo's view of the case, but then was
reversed on appeal.  (The 9th Circuit panel said that Yahoo couldn't
acquire jurisdiction over the people who had sued it in France, and so
it couldn't get a declaratory judgment against them.)  Now the 9th
Circuit has withdrawn that opinion and is considering the matter en
banc before a panel of (I think) 11 judges.

Cindy says there will be a long line to get in, but not as long as a
Supreme Court argument; she recommends arriving over an hour
beforehand, and possibly two hours beforehand.  

EFF joined many other free speech advocates as amicus at the district
court level:

http://www.eff.org/legal/Jurisdiction_and_sovereignty/LICRA_v_Yahoo/20010406_cdt_aclu_us_amicus.pdf

The 9th Circuit's San Francisco venue, where the argument will be
held, is located at 95 Seventh Street, about a block away from the
Civic Center BART.  The argument will be held in the large ceremonial
courtroom, which is said to be very impressive.

-- 
Seth David Schoen <schoen at loyalty.org> | Very frankly, I am opposed to people
     http://www.loyalty.org/~schoen/   | being programmed by others.
     http://vitanuova.loyalty.org/     |     -- Fred Rogers (1928-2003),
                                       |        464 U.S. 417, 445 (1984)