Ruling correct in protecting Web site’s free speech rights

Ruling correct in protecting Web site’s free speech rights

San Jose Mercury News: It was good to see a federal judge wipe away his own earlier ruling and reinstate the Wikileaks.org Web site, which publishes information from whistle-blowers. The reversal rightly preserves First Amendment rights on the Internet, which were trampled by the judge’s mid-February injunction that forced Wikileaks to go dark.

The developments serve as a lesson that courts must tread carefully before curtailing free speech rights, even in an age when words can spread instantaneously on the Web. Online speech, like words in print, deserve full First Amendment protections.

Ignoring the First Amendment

Swiss bank Julius Baer sued to silence Wikileaks after it published information suggesting the bank was being used for money laundering and tax evasion. The judge’s earlier injunction was overly broad and tantamount to shutting down an entire newspaper because of one offending article. And it also amounted to “prior restraint” on the media, which courts have almost always found to violate the First Amendment.

Organizations such as Wikileaks can expose injustice and hold powerful institutions accountable. Courts must not roll back or chip away at free speech protections that ensure the public good is served.