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May 31, 2013

Warnings Aside, Parents Still Want Their Kids to Grow Up to Be Lawyers

A new survey from has been making the rounds on law blogs this week, due to its somewhat surprising revelation that, even amid seemingly constant headlines about the shaky job market greeting today's law grads, nearly two-thirds of parents hope that their children will pursue careers in the law.

The survey results were based on 1,001 phone interviews conducted in English and Spanish. Of survey respondents with children in their household, 64 percent said they hope their kids will grow up to be lawyers. Respondents were also asked about whether they would like to have a lawyer as a son- or daughter-in law. A majority of mothers surveyed -- 55 percent -- liked the idea, while future father-in-laws were less keen, with only 38 percent saying they were interested in having their child marry a lawyer.

"Being a lawyer means being a respected professional, and that's something that parents want for their children," Larry Bodine, editor-in-chief of, is quoted as saying. “Despite the tough economy facing the next generation, it's exciting to note that nearly two-thirds of parents would be happy with a law degree in their child’s future."

But some commentators find the results more alarming than exciting. In a discussion of the survey on Above the Law, Staci Zaretsky is incredulous that the survey respondents seem to be "ignoring all the warnings that have been trumpeted from Above the Law to the New York Times, heedless of the spate of lawsuits that have been filed against law schools over their allegedly deceptive employment statistics, and paying no mind to the horror stories about young lawyers drowning in student loan debt."

Notably, the survey results show a divide based on household income. Eighty percent of parents who make less than $25,000 per year said they'd like for their children to become lawyers, as compared with only 54 percent of those with household incomes over $75,000. For some bloggers discussing the issue, this suggests a troubling knowledge gap about the current status of the legal profession.

"Obviously, there is a dangerous lag in information about career paths among the classes," suggests a post on the Law And More blog. "Upscale parents know that their children will make a good living through becoming entrepreneurs or being employed in the fields of engineering, information technology, and math. Law had been fine, they know. But not any more."

Zaretsky expresses this concern in the ATL post: "Being a lawyer these days is a tough row to hoe, and if you’re hoping your children will be able to have a 'rags to riches' story in the law, you should probably start fixating on another dream career for them."

May 31, 2013 | Permalink | Comments (5)

May 30, 2013

When Complaining About Your Job on Facebook Can Get You Fired

Employment law blogs, including Porter Wright's Employer Law Report and Ogletree Deakins' Employment Law Matters, have been discussing an Advice Memorandum recently released by the National Labor Relations Board that addresses when an employee may be fired over negative comments about an employer on social media, and when such messages constitute "protected concerted activity" under the National Labor Relations Act.

The case involves private Facebook group messages written between current and former employees of Tasker Healthcare Group (doing business as Skinsmart Dermatology). During a group message discussion initiated to organize a social event, one employee took the opportunity to express some dissatisfaction with her supervisor and with the company in general.

Among other comments, the employee (who the NLRB memo refers to as the Charging Party) wrote that the company is "full of shit ... They seem to be staying away from me, you know I don't bite my [tongue] anymore, FUCK … FIRE ME … MAKE my day …" No other current employees participated in that part of the conversation, but later on, one employee did write that "it's getting bad" at Tasker and that "it's just annoying as hell. It's always some dumb shit going on."

The morning after the exchange, one of the employees who was included in the message string but remained silent during the discussion showed the Facebook exchange to the employer. As Sara Hutchins Jodka writes in the Employer Law Report post, Tasker "took Charging Party up on her request to be fired," saying it was clear that she no longer cared to work there, "and indeed made her day."

The employee filed a charge claiming that her termination violated a provision of the National Labor Relations Act that protects concerted activity on behalf of employees to improve wages or working conditions. In the Advice Memorandum, NLRB Associate General Counsel Barry J. Kearney recommended dismissal of the charge, finding that the employee's comments "merely expressed an individual gripe rather than any shared concerns about working conditions."

The memo stated that the employee's comments "merely reflected her personal contempt," and that there was no evidence that her co-workers interpreted them as an expression of shared concerns. The later posting from the co-worker about the employer being "annoying as hell" was found to be "ambiguous" and unrelated to the fired employee's earlier comments.

On Barnes & Thornburg's Currents blog, Doug Oldham contrasts the Tasker case with an April NLRB decision holding that clothing manufacturer Bettie Page Clothing unlawfully fired three workers based on a conversation on Facebook. In that case, the workers criticized their supervisor in a series of Facebook posts and discussed bringing a book on worker's rights to the store. The NLRB held that the posts constituted protected concerted activity, since they "were complaints among employees about the conduct of their supervisor as it related to their terms and conditions of employment and about management's refusal to address the employees' concerns."

The takeaway from the Tasker case? Attorney-bloggers examining the issue warn that employers should still be wary about firing employees based on their online complaints. Jodka writes on the Employer Law Report that the case "demonstrates that even when an employee's comments on social media are so outrageous that they literally ask the employer to fire the employee, the employer must still do some analysis to determine whether the comments may constitute concerted protected activity under the NLRA."

May 30, 2013 | Permalink | Comments (1)

May 29, 2013

'Bad' Judge Embroiled in Drug Scandal After Colleague's Death

An Illinois judicial scandal involving drugs, death and some truly unfortunate courtroom attire has been gaining steam this week.

An arraignment was held Tuesday for St. Clair County probation worker James Fogarty, who is accused of selling cocaine to two county judges, Joseph Christ and Michael Cook. Christ died in March while on a hunting trip with Cook at a lodge owned by Cook's family. A coroner on Friday confirmed that Christ's death was due to cocaine intoxication. Christ, a longtime prosecutor, was sworn in as a judge only 10 days before his death. He was 49 years old and a father of six.

Cook, a 43-year-old St. Clair County circuit judge, has not been charged in connection with Christ's death, but was arrested last week on charges of heroin possession and using a controlled substance while in possession of a firearm, the St. Louis Post-Dispatch writes. Cook resigned from the bench on Wednesday, the Belleville News-Democrat reports. A letter submitted by his attorney stated that Cook "was away in treatment."

Cook pleaded not guilty at a hearing Friday, appearing in court wearing cut-off jean shorts and a T-shirt bearing the message "Bad is my middle name." That was apparently the ensemble Cook had been sporting when he was arrested several evenings earlier at the home of a friend and former client, Sean McGilvery, who was also charged with heroin possession and intent to distribute.

Fogarty, the probation worker who allegedly sold drugs to the two judges, pleaded not guilty to federal drug charges Tuesday. The Associated Press reports that FBI Special Agent Joseph Murphy filed an affidavit stating that Fogarty admitted that he repeatedly sold cocaine to Cook and Christ, and that he sometimes used the drug with them. Murphy's affidavit states that, "Fogarty snorted cocaine with the two judges at times on golf trips and at least once at the Cook family's lodge where Christ later died," the AP writes.

According to the affidavit, the AP reports, "The day before Cook and Christ went off on the hunting trip from which Christ would not return alive, Fogarty snorted cocaine with the judges before giving the rest of the 'eight ball' -- an eighth of an ounce, or 3.5 grams -- of the drug to them for $140 apiece."

Cook has been released on bond and a trial date was set for July. He faces up to 10 years in prison on the possession and firearms charges. Cook's cases have been reassigned, and the state's attorney has filed ethics complaints against him. St. Clair County Chief Judge John Baricevic said both Cook's and Christ's criminal cases are being reviewed for any link to their illegal drug activities. "There is no indication there was a corruption of their bench duties, but the investigation is ongoing," Baricevic told the News-Democrat.

Additional revelations are likely to come. The News-Democrat writes that after Fogarty's hearing Tuesday, U.S. Attorney Steve Wigginton told reporters that the matter is "an ongoing investigation with lots of moving parts." The inquiry, Wigginton said, is "wide open and not limited to the St. Clair County Courthouse."

May 29, 2013 | Permalink | Comments (0)

May 17, 2013

Inmate Sues Taco Bell Over Doritos Locos Tacos

I can't say that I've tried Taco Bell's Doritos Locos Tacos, but it seems as though I'm in the minority. The menu item introduced last year has been so popular that it's helped create 15,000 new jobs for the fast food chain, Taco Bell CEO Greg Creed says. More than 1 million of the tacos are reportedly sold every day, with more than 500 million sold since the product was launched. [This Fast Company article provides an in-depth look at the origins and impact of the chain's "disruptive faux cheese-dusted taco."] Creating a taco shell out of Doritos chips was clearly an inspired concept -- and a federal prison inmate is now claiming that idea was all his.

The Dallas Observer reports (via Consumerist), that Gary Cole, an inmate at a high-security prison in Colorado, filed a federal lawsuit in Texas this week alleging that Taco Bell stole his idea for the Doritos tacos. As proof, Cole offers a copy of a 2006 letter sent to his attorney, in which Cole recorded ideas for a number of potential products, including "Tacos [sic] Shells of All Flavors (Made of Doritos)." Among the other merchandise ideas listed were some items branded "Divas and Ballers," including body oils, "health mix" and hot sauces.

Cole claims that his idea for the Doritos tacos must have been stolen through the mail. After reading newspaper articles about the launch of the Doritos Locos Tacos, Cole took action, the Dallas Observer writes. He "wrote to the FBI demanding an investigation. To the IRS he wrote 'a check was made out to a person for a large amount by Taco Bell, Frito Lay, and Pepsi Co. Inc. for an idea or invention that was submitted to them by theft and fraud,' going on to ask for 'the person, the name, address, the amount of the check, how much taxes paid on the check.' He also sent a Freedom of Information Act request to Taco Bell calling for the release of any and all documents related to the invention of the Doritos Locos Tacos."

Among the intriguing items in Cole's handwritten complaint is some correspondence about the case from the Denver, Colo., office of Arnold & Porter. Cole apparently wrote to the firm in preparation for his suit, requesting copies of the 2006 letter with the product descriptions that he sent to his attorney, partner Ed Aro. The complaint contains a cover letter for the documents, and a letter from Aro that mentions the documents and also includes this helpful advice:

"Do not 'put a knife' to the staff. That won't do you, or us, any good. I understand your frustration, but we're working on the retaliation issue and would ask that you leave it in our hands."

It's not clear whether Cole's "knife" threat is related to the Doritos Locos case. The mentions of "the staff" and "retaliation" suggest that he might be juggling some non-taco-related legal issues as well.

May 17, 2013 | Permalink | Comments (3)

May 16, 2013

iPhone User Claims Apple Knew Power Button Would Fail

iPhone users (and other Apple devotees), take note. A proposed class action filed in California seeks $5 million in damages against Apple over allegations that the company knew about a latent defect in the iPhone 4's power button and failed to disclose it. But here's the twist: The plaintiff alleges that Apple not only knew that the power button would fail, it knew when the button would fail -- just after the expiration of the phone's one-year warranty period.

In her complaint, filed in federal district court, Debra Hilton says her iPhone 4 "suffered a terminal power button failure" 15 months after she bought it, and three months after her warranty expired. The only option that Apple's customer service offered her, she said, was to pay $149.99, plus shipping, for repair or replacement of the phone.

The alleged defect involves a flex cable connected to the phone's power button, the "premature deterioration" of which "causes the power button to become harder and harder to depress until eventually it becomes entirely unresponsive," according to the complaint. Hilton alleges that Apple "knew that this defect existed as of the time of the phone's manufacture, and that it would be substantially certain to exhibit itself within approximately 18 months of the phone's first use."

In a post about the case on the Abnormal Use blog, Nick Farr expresses skepticism that Apple "'rigged' the button to fail." The argument that the company would do so to sell more phones, Farr says, "lacks an understanding of Apple buyers." Apple "releases new iPhone models every 6 months, making you feel that your barely used phone is outdated, " he writes. "Apple doesn't need to tamper with your phone to get you to buy a new one."

By Farr's definition, I'm not one of those typical iPhone users who "constantly upgrade their devices -- broken power button or not." As it happens, both my iPhone 3 and iPhone 4 broke within weeks of the release of a newer version of the phone. In my case, it was the home button that called it quits -- and I did pony up for the new model both times.

Hilton's lawsuit may also be intriguing to those wondering whether venting frustrations about defective products via online message boards is just a waste of time. Hilton's complaint quotes extensively from a discussion forum on the Apple Support site dedicated to the iPhone 4 power button problem. Hilton supports her legal claims with online testimonials by iPhone customers including "CwissyBwear" (the forum's original poster), "LoveToCookSF," and "2TheMax," in whose April 4, 2012 post, the complaint says, "user sentiment was most concisely summarized."

2TheMax wrote: "Apple though I love your products I will not pay for poor quality products! No matter how innovative or revolutionary they are, your devices are worthless if they are made poorly and break in a short period of time. From all the replies it's evident that a new iPhone with proper care should not have this issue in such a short time. Address this issue Apple or lose one customer."

I don't know, 2TheMax. Let's just see how you feel when the shiny new iPhone 5s or iPhone 6 hits the market.


May 16, 2013 | Permalink | Comments (0)

May 15, 2013

Convenience Stores Fight for the Right to Sell Cold Beer

Grabbing an ice-cold brew in Indiana may become a lot more convenient, if a trade group succeeds in its challenge to a 50-year-old state law that restricts gas stations, grocery stores and convenience stores to selling beer only at room temperature.

The Indianapolis Star reports that the Indiana Petroleum Marketers and Convenience Store Association filed suit in federal district court in Indianapolis on Tuesday, arguing that the law against the sale of cold beer creates a "discriminatory regulatory regime." Package liquor stores in the state are permitted to sell cold beer.

Scot Imus, the association's executive director, told The Associated Press that the law "says pharmacies, convenience stores and grocery stores are capable enough to sell the product warm, then it gets rather arbitrary about what temperature it can be sold at. When you change the temperature, it doesn't change the alcohol content."

Indiana is the only state that regulates beer sales based on temperature, according to the suit. And the 1963 law only applies to beer; convenience and grocery stores are free to sell chilled wine. Convenience store groups have waged a long and unsuccessful lobbying campaign to convince state legislators to change the law, according to reports.

The association seeks injunctive and declaratory relief, and its complaint alleges violations of the Equal Protection Clause of the Fourteenth Amendment and of the Equal Privileges Clause of the Indiana constitution. The plaintiffs also argue that the law interferes with "an individual's right to select what they eat and drink," included in the state constitution's guarantee of "life, liberty, and the pursuit of happiness."

Not surprisingly, the package liquor store industry is already speaking out against the lawsuit, with the Indiana Association of Beverage Retailers stating Tuesday that the suit "flies in the face" of Indiana public policy. The state attorney general said that he will defend the law, and that the debate belongs in the state legislature instead of the courts.

Law professor David Orentlicher, quoted in the Indianapolis Star article, predicted that the constitutional challenge to the law will fail, pointing out that convenience stores and other affected businesses are "not a group that is consistently disfavored in the political process."

"It's hard to say there is a fundamental right to sell cold beer," Orentlicher said.

May 15, 2013 | Permalink | Comments (0)

May 14, 2013

Government Fires Back at 3-D Printable Gun

It's been an eventful week for Cody Wilson, the 25-year-old University of Texas law student, self-described crypto-anarchist and creator of a 3-D printed handgun called The Liberator. Wilson's organization, Defense Distributed, has garnered much media attention for its Wiki Weapon Project, a "nonprofit effort to create freely available plans for 3D printable guns." Wilson's crusade has now landed him in the government's sights -- and his legal troubles may just be beginning.

After Wilson made headlines for unveiling and successfully test-firing the plastic weapon, Defense Distributed last week posted downloadable blueprints for creating the gun on a 3-D printer. Several days later, Wilson received a letter from the State Department ordering the removal of the designs from the site pending review of whether publishing them constituted distribution of "technical data" in violation of the International Traffic in Arms Regulations.

The problem? The plans had already been downloaded more than 100,000 times and published to numerous file-sharing sites. Meanwhile, Defense Distributed's endeavor is getting more notice than ever, and Wilson seems undaunted (to say the least).

The issue has caught the attention of lawmakers, including U.S. Senator Charles Schumer, D-NY, who has argued for a ban on 3-D printable guns. "A terrorist, someone who's mentally ill, a spousal abuser, a felon can essentially open a gun factory in their garage," with the 3-D printing process, Schumer said. There's also the concern that the plastic weapons would not set off metal detectors. London's Daily Mail published an article over the weekend in which two reporters documented their experience printing and assembling The Liberator, then smuggling it successfully onto a Eurostar Train.

Discussion will no doubt continue over what Wilson's crusade -- and the government's response -- might mean for the gun-control debate and the regulation of the sale of firearms. And in a post on Jonathan Turley's blog, guest blogger Gene Howington writes that the most interesting legal question is whether Wilson and his organization might be found to be providing "material support" to terrorist organizations under the Patriot Act.

Howington examines the issue in light of the 2010 U.S. Supreme Court ruling in Holder v. Humanitarian Law Project. In that decision -- which has been criticized by some as hostile to free speech rights and humanitarian efforts -- the justices found that a Patriot Act provision that prohibits providing "material support" to designated foreign terrorist organizations could be applied to conflict-resolution advice and legal services provided by human rights organizations to groups such as Turkey's Kurdistan Workers’ Party and the Liberation Tigers of Tamil Eelam.

The Supreme Court’s conclusion was based in part on the category of “expert advice or assistance," in the law's definition of "material support." Might this definition be found to apply to Defense Distributed's efforts to disseminate plans for, as Howington describes it, "a weapon whose fairly described design advantage is covert action and assassination"? Howington calls it a "real possibility."

It's certainly an interesting question, especially in light of Defense Distributed's stated purpose, as outlined on its site, which includes the goal of "facilitating global access to, and the collaborative production of, information and knowledge related to the 3D printing of arms."

May 14, 2013 | Permalink | Comments (0)

May 09, 2013

Google Glass Controversy Provides Fresh Look at Privacy Expectations

The buzz continues to build about Google Glass, generating explanatory reviews, opinion pieces, etiquette guides -- even a Saturday Night Live sketch. As early users and tech writers offer first-person accounts, reviews and analysis -- some ecstatic, some skeptical -- much of the debate is centering on privacy concerns over the potentially game-changing wearable computer product.

A New York Times article this week discusses the legal issues awaiting the release and potential widespread use of the device. "Glass is arriving just as the courts, politicians, privacy advocates, regulators, law enforcement and tech companies are once again arguing over the boundaries of technology in every walk of life," David Streitfeld writes. The article quotes social media expert Bradley Shear, who says that Glass "will test the right to privacy versus the First Amendment."

The Times piece describes the backlash already building against Google Glass well in advance of its release. A Seattle bar made headlines by pre-emptively banning Glass, while legislators in West Virginia are trying to add the device to a state ban on texting while driving. Of course, establishments (such as casinos) that already ban recording devices are also unlikely to be Glass-friendly. Computerworld has reported that a spokesperson for Caesars Palace said that wearers of Google Glass won't be allowed to gamble in the casino.

In a CNN opinion piece, former Secretary of Homeland Security Michael Chertoff paints an ominous picture of wearable technology like Google Glass, imagining a near future in which "millions of Americans walk around each day wearing the equivalent of a drone on their head: a device capable of capturing video and audio recordings of everything that happens around them." The distinction between these devices and older technology such as smartphones with video capabilities, Chertoff writes, is that their "default mode is for all data to be automatically uploaded to cloud servers, where aggregation and back-end analytic capacity resides." Chertoff asks, "What is to prevent a corporation from targeting a particular individual, using face recognition technology to assemble all uploaded videos in which he appears, and effectively constructing a surveillance record that can be used to analyze his life?"

An activist group called Stop the Cyborgs has been advancing similar concerns, with the stated purpose of stopping "a future in which privacy is impossible and central control total." Stop the Cyborgs says that it isn't calling for a total ban on Glass and any similar technology, but is advocating that lawmakers and makers of the device guarantee that it won't be used in conjunction with a facial recognition system; that a do-not-track system is put into place; and that the data will be encrypted "so that it is impossible for it to be data-mined, made available to security services or used for commercial purposes." There's also a White House petition in place that calls for a ban on Glass "until clear limitations are placed to prevent indecent public surveillance."

Meanwhile, some early users are reporting that, as a surveillance device, Glass in its current form just isn't that threatening. Future Tense's Will Oremus writes that it "makes a terrible spy tool," in part because, "from the instant you slip Google Glass over your ears, you become the most conspicuous person in any room." That's not so great for taking covert photos and video footage, he says, especially since actually getting the device to record involves "barking commands at your own face," and/or jerking your head upward (See SNL's interpretation of that behavior here).

It's clear that the discussion over the legal and societal implications of Google Glass is just beginning. TIME Tech columnist Jared Newman suggests that Google itself should be more proactive in addressing confusion and concerns about Glass, calling upon the company to foster "meaningful discussion -- not PR spin -- of the Glass' privacy implications." While stating his own opinion that that many of the concerns about Glass are overblown, Newman writes that "Google should stop pretending that there's nothing to worry about."

May 9, 2013 | Permalink | Comments (1)

May 06, 2013

Lancome Sued Over 24-Hour Makeup

Major cosmetics companies have recently been hit with false advertising lawsuits alleging that they misled customers about testing on animals and marketed skincare products in a way that made them sound like drugs approved by the FDA. Now, there are reports of a new suit against cosmetics giant Lancome involving claims of a more, well, cosmetic sort.

The New York Post and ABC News report that Rorie Weisberg, an Orthodox Jewish woman in New York, is suing Lancome and its parent company, L'Oreal, over its advertising for its Teint Idole Ultra 24H foundation, which promises "24 hours of longwear, 24 hours of comfort." Weisberg "abides by Jewish law by not applying makeup from sundown on Friday until nighttime on Saturday," according to court papers. She bought the $45 product on Lancome's website, specifically looking for a long-wearing foundation that would last through the Sabbath for her son's bar mitzvah celebration.

Lancome's website advertises that the foundation is the result of "8 years of research," and touts its "new EternalSoft technology" which "defeats all challenges." But Weisberg contends that it did not live up to the challenge of overnight wear. Instead of providing "lasting perfection," Weisberg found that the foundation "faded significantly" overnight, according to the suit. She seeks unspecified damages, as well as a "corrective advertising campaign" by Lancome. The company has said that the suit has "no merit" and that it will “strenuously contest these allegations in court."

Putting aside the mystery of the "EternalSoft technology," claims such as Weisberg's -- including that the Lancome foundation left her skin "cakey" and shiny -- would seem to be more difficult to prove than ones involving animal testing or allegedly bogus scientific marketing. Might the "perfection" part of "lasting perfection" be in the eye of the beholder? Other lawsuits against cosmetic companies have touched on the advertising claims -- and images -- that promise flawless beauty in an age of Photoshop and airbrushing.

According to a New Jersey Law Journal article on lawsuits against L'Oreal over the marketing of its anti-wrinkle creams -- now consolidated in federal court in Newark, N.J. -- the plaintiffs' claims include allegations "that Lancome ads use airbrushed or 'Photoshopped' images of celebrities and models, which do not reflect the true effectiveness of its products," and the complaint includes a comparison of a Lancome ad featuring actress Kate Winslet and a photo of Winslet from People magazine. Guess which one showed the actress's crow's feet?

The National Advertising Division of the Council of Better Business Bureaus, an advertising trade group, has called for a ban on modified photos in cosmetics ads, the New Jersey Law Journal says. And in 2011, a British advertising watchdog group banned two ads for L'Oreal foundation featuring Julia Roberts and Christy Turlington, finding they were more of a showcase for the magic of Photoshop than the effectiveness of the makeup.

Though Weisberg's case is unique due to the religious aspect of her complaint (which Jennifer Lipman in The Independent posits is the real reason the case has garnered so much attention), cosmetic companies' heavy reliance on post-production photo techniques, along with their usual sweeping promises about perfect beauty through makeup, might just lead to more legal trouble.

May 6, 2013 | Permalink | Comments (0)

May 02, 2013

New York Post May Face Suit Over Boston 'Bag Men' Cover

As the investigation into the Boston Marathon bombings continued this week, with charges brought against former classmates of suspect Dzhokhar Tsarnaev, there was an indication that media coverage of the event -- tied to the unique, crowd-sourced nature of the investigation of the bombing suspects -- might lead to some legal fallout as well.

Erik Wemple's blog at The Washington Post reports that the father of one of the two young men who appeared on the cover of the April 18 issue of the New York Post is considering suing the newspaper over the false implication that his son was involved in the bombing. The New York Post published a photo of 17-year-old Salah Barhoum and another man, with the headline "BAG MEN: Feds seek these two pictured at Boston Marathon." Barhoum, who had no connection to the bombings, had gone to the police the day before to clear his name after seeing photos of himself circulating online. He told ABC News at the time that his reaction to seeing the New York Post cover was "the worst feeling that I can possibly feel … I'm only 17."

Salah Barhoum's father, El Houssein Barhoum, said this week that he is seeking legal counsel. "A lot of people, they tell me that's your right to sue them," he told the Eric Wemple Blog. Barhoum described the impact the incident has had on his family's life, saying that both he and his son have had trouble sleeping, and that Salah sometimes refuses to go to school.

"We were just scared to go outside" when the pictures were published, the father said. "My future is based on my kids. ... If something happens to them, it happens to me, too."

The Eric Wemple Blog had already discussed a potential lawsuit against the New York Post over the cover in an interesting analysis last week, strongly supporting the idea of the men in the photo seeking "millions or even billions of dollars in damages from the paper." Wemple spoke to attorney L. Lin Wood, who represented Richard Jewell in his libel cases against numerous news organizations -- including the New York Post -- over reports implicating him in the 1996 Atlanta Olympics bombings. "Based on what I see here, I would think this is definitely a case of defamation by implication," Lin said of the potential suit over the "Bag Men" cover.

Wemple writes that an apology or a retraction from a publication accused of defamation can sometimes reduce damages in a lawsuit. It doesn't seem as though Barhoum is going to get one from the New York Post. Although widely criticized for using the photo of the two men, the Post stood by the cover, saying it "did not identify them as suspects." The paper published a story stating that the men had been cleared, but did not apologize for the cover. "They should apologize on the newspaper," Barhoum said. "They should write something on the newspaper, not between us. If they make a bad image of your son, they should make a good image just to correct."

In contrast, the social media site Reddit, which played a starring role in much of the online crowd-sourcing of information and speculation about the bombings, issued an apology in a blog post for what it called "online witch hunts and dangerous speculation which spiraled into very negative consequences for innocent parties." The apology specifically addressed the family of Brown University student Sunil Tripathi, who was widely misidentified as a suspect on Reddit and other sites. (Tripathi was missing at the time of the bombings; his body was found on April 23 near Providence, R.I., according to his family)

If the Barhoum family does pursue a suit against the New York Post, it might not be the only legal action stemming from the media frenzy that occurred during the week of the bombings, during which many online would-be investigators -- and some major news outlets -- got so much of the story so wrong.

May 2, 2013 | Permalink | Comments (0)

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