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The Fourth Circuit Court of Appeals will hear arguments tomorrow in an Internet free speech case involving Rev. Jerry Falwell. In 2003, Falwell sued Christopher Lamparello, who runs a website with the domain name fallwell.com, after the website posted messages criticizing Falwell for his views on homosexuality.
Lamparello is represented by Public Citizen attorney Paul Levy. The American Civil Liberties Union of Virginia and the National ACLU filed a friend-of-the court brief in the case.
Lamparello’s website is dedicated to criticizing Rev. Jerry Falwell’s views on homosexuality. At the top of the site’s home page is a disclaimer that states, “T his website is NOT affiliated with Jerry Falwell or his ministry.
Falwell sued Lamparello in 2003 in Federal Court in Alexandria, claiming that Lamparello violated federal trademark law by using a common misspelling of Falwell’s name as a domain name. Judge Claude M. Hilton ruled in favor of Falwell and ordered Lamparello to stop using the fallwell.com domain name.
Public Citizen and the ACLU argue that Lamparello’s use of the fallwell.com domain name is protected by the First Amendment. They contend that a domain name operates much like the title of a book or movie in that it describes the content of the website. They also point out that Lamparello has not used Falwell’s name to turn a profit, but only to engage in constitutionally protected criticism of a well-known public figure.
“The Internet provides unique opportunities for ordinary citizens to speak to a world-wide audience on matters of public concern,” said ACLU of Virginia executive director Kent Willis. “Trademark law must not be used to inhibit the freedom of speech in this powerful medium.”
ACLU of Virginia Contacts: Kent Willis, Executive Director Rebecca Glenberg, Legal Director 804-644-8022