[e-drug] Bayer attacks critical coverage (cont'd)

[Scott Hillstrom <scott.hillstrom@analyticorp.co.nz>]

E-drug: Bayer attacks critical coverage (cont'd)
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[Thanks Scott. Excellent advice! HH]

Re Bayerwatch

In the US, there may be a constitutionally protected right to use the
name "Bayerwatch.org" for a website publicly criticizing Bayer
Corporation. Generally, there is a broad public interest in protecting
the rights of critics to publicly express themselves. The US courts
generally will *not* stop critics. Rather, the courts say that
aggrieved parties, like Bayer, can sue parties who defame them
*after* the public statements are made. The legal principle is
known as the "prior restraint doctrine" and basically means that
free speech will not be restrained by the courts in advance.

In the case of Bayerwatch.org, it appears that the issue is cast in
terms of a website address dispute as if the use of the name
"Bayer" in the address violates the trademark rights of Bayer
Corporation. But the real *effect* of Bayer's position is to prevent
its critics from communicating criticism to the public. It is an
attempt at "prior restraint". To prove the point, try this little
thought experiment. Would Bayer be threatening to sue if
Bayerwatch.org was telling the world all of the great and good
things about Bayer Corporation? Of course not.  Imagine further
that Bayer sued a newspaper for using its name in a headline for a
story about Bayer atrocities. They *are* preventing free speech and
that is their purpose.

Perhaps a US based website would offer to host Bayerwatch so
that it can be separated from German jurisdiction. A German court
order of the type threatened would not stop an American
organization from using the word Bayer in a website name for a site
that criticizes Bayer Corporation. 

Scott D. Hillstrom, J.D.
527 Marquette Ave.
Suite 1800
Minneapolis, Minnesota  55402-1319
scott.hillstrom@analyticorp.co.nz
+(612) 332-8063; Mobile +(612) 730-5884; Fax (312) 803-0175


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