updated 12:40 pm EST, Mon March 7, 2005
Apple dePlume lawsuit
The dePlume Organization has filed a special motion to have Apple's lawsuit against Think Secret dismissed on First Amendment grounds. "Apple's lawsuit is a affront to the First Amendment [...] If a publication such as the New York Times had published such information, it would be called good journalism; Apple never would have considered a lawsuit." The motion to dismiss the complaint was filed in California Superior Court under the California Anti-SLAPP Statute, a law designed to stem meritless lawsuits that attempt to chill valid constitutional exercises of freedom of speech. The court filings also say that the information published is not entitled to trade secret protection under the law as it already had been publicly disclosed and had no economic value. Apple's lawsuit against Think Secret is a separate action from its "John Doe" suit in which Apple did not sue any journalists, but instead sought information through subpoenas.