This is an update to my post yesterday regarding the protest organized against Eric Holder’s visit to Harvard Law School tomorrow, specifically his stonewalling the Fast and Furious investigations. The protest was organized by a website using the name Harvard Law Unbound which has been operating since early April.Despite the fact that Harvard Law Unbound used a banner which specifically alerted readers to the fact that it was not affiliatied with “Unbound – Harvard Journal of the Legal Left,” the editors of that Journal along with the HLS administration alleged that the website misled people as to the source of the opinion. (See link above for details on the threats and the involvement of the HLS administration)It is interesting that this action came only after the website challenged Holder’s appearance tomorrow.I wrote to the HLS Dean of Students, as follows:
Dear Dean Cosgrove:As you may be aware, I have been covering the protest at the website Harvard Law Unbound regarding Eric Holder.I am aware of your letter to students in which you say, among other things,
Whoever is responsible for the wordpress site is free to disseminate his/her/their content via any number of legitimate means or channels. But I wish to make sure that no one is confused about whose speech, and whose content, is being advanced on the wordpress site, which appears to be infringing on the use-of-name rights belonging to Unbound and to Harvard Law School.
Given that Harvard Law Unbound has a disclaimer at the top in the banner which says “no affiliation with Unbound: Harvard Journal of the Legal Left,” I am wondering on what basis HLS claims likelihood of confusion as to the source of the opinion.
Additionally, since the website has been operating since early April, is this the first time HLS became aware of the website, and if not, why did HLS wait to assert the claim?
I would appreciate your response.
William A. Jacobson, HLS ’84
Legal Insurrection Blog
Now the website has been taken down.
The RSS feed still works. And if not, here’s a pdf. of the posts, preserving the content solely for news and historical purposes.
The views expressed therein obviously in no way reflect the “left,” much less the “legal left,” much less the “Harvard legal left,” much less the “Harvard Journal of the Legal Left,” because none of those groups would dare challenge Eric Holder on the day he is honored by Harvard Law School over something like Fast and Furious, in which people died and the House of Representatives is trying to find out if Holder lied.
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