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Author Topic: Legal Scholars Eugene Volokh & Aaron H. Caplan Support ELI with EFF Amicus Brief  (Read 5826 times)

Matthew Chan

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It is with great pride and pleasure that I announce that legal scholars, Eugene Volokh and Aaron H. Caplan are the authors and architect of the Electronic Frontier Foundation (EFF) amicus brief on behalf of my legal position and that ELI is a relevant concern worth protecting.

http://www.scribd.com/doc/238796451/Chan-v-Ellis-EFF-Amicus-Brief-for-Appellant

Since July 2, 2014 when the Georgia Court of Appeals ordered my case to the Georgia Supreme Court over what they considered "first impression" issues regarding the First Amendment as it relates to Internet speech, I knew this was a critical turning point in my case.

http://www.scribd.com/doc/232423410/Chan-vs-Ellis-GA-Court-of-Appeals-Ruling

I "discovered" Eugene Volokh and Aaron H. Caplan through my Google searches on "First Amendment" along with "restraining orders" and "protective orders". That search first lead me to website RestrainingOrderAbuse.com (ROA).

http://restrainingorderabuse.com

ROA then led me to Eugene Volokh's legal paper:

One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and "Cyberstalking" by Eugene Volokh

http://www.law.northwestern.edu/lawreview/v107/n2/731/LR107n2Volokh.pdf

Eugene Volokh's legal paper led me to:

Free Speech and Civil Harassment Orders by Aaron Caplan

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2141966

I devoured both of those legal papers in the middle of the night pouring over the cases and reading their arguments. I reached out to both legal scholars and shared the facts of my case with them and explained how my case was one they described in their legal papers and it was now going to be tried in the highest court of the state I lived in.

Each of them graciously responded to my email and also reached out to Oscar Michelen to ascertain the current state of my case. The very talented lawyer that he is, Oscar easily jumped in to bring our legal scholars up to speed. 

Meanwhile, an email that I sent the EFF giving them an update of my case being transferred to the GA Supreme Court was also being responded. EFF's David Greene reached out to Oscar and then a series of integrated discussions occurred between all the legal minds as to how to cooperatively come into my case.

The weeks of public silence and quiet legal strategizing paid off and I am proud and happy to now be able to publicly discuss and share the EFF amicus brief in support of my position.

To all ELI readers, never let it be said that non-lawyers can't significantly contribute to their own cases. I pulled a couple rabbits out of the proverbial hat by following my creative and independent impulses.  I took the time and energy to look at my own case in a different and unconventional perspective. When I acted upon my impulses (because I had nothing to lose and everything to gain), I won the legal lottery.

How cool is it to have legal scholars Eugene Volokh, Aaron H. Caplan, the EFF, and Oscar Michelen at my side?  It is very cool indeed and the next stop is the oral argument on October 7, 2014.

« Last Edit: September 09, 2014, 03:07:20 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Greg Troy (KeepFighting)

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It is beyond cool Matthew..... 8)
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Lettered

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very cool. 

The way this is shaping up I wonder if McCormack is even going to waste money on a plane ticket to Georgia . . .

Lettered

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Not sure I understood some of the points being made, but here is an article about Matt's appeal:
http://restrainingorderabuse.com/2014/07/23/a-case-of-restraining-order-excess-thats-headed-to-the-georgia-supreme-court/
apologies if its already been posted here.

Matthew Chan

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Lettered,

Good to see you around. I haven't heard from you in a while.

That was a good catch. I forgot to list that one. I have compiled a listing of all the media, press, blog coverage here:

http://defiantly.net/media-press-coverage-of-chan-v-ellis-appeal/

Not sure I understood some of the points being made, but here is an article about Matt's appeal:
http://restrainingorderabuse.com/2014/07/23/a-case-of-restraining-order-excess-thats-headed-to-the-georgia-supreme-court/
apologies if its already been posted here.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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