Legal Commentary

Court Rejects Attempt to Order Search Engines to Block Access to Certain Nude Images to Children and Muslims

By Eugene Volokh

Neeley v. NameMedia, Inc. (W.D. Ark. Jan. 31) has the details:

Neeley?s outrage claim is based on allegations that NameMedia and Google have conspired to allow, and are currently allowing, minors access to nude photographs taken by Neeley, while contending that such access was allowed by Neeley himself.

Neeley moved for injunctive relief against Google, Inc.; Yahoo, Inc.; Microsoft Corporation; and IAC/InterActiveCorp, towit, that they:

be ordered not to allow nude photos to be returned when image searches include the terms ?Curtis? or ?Neeley? regardless of other terms entered unless entering user is known to be an adult and not a Muslim.

[Magistrate] Judge Setser reported that the photos in question were taken by Neeley, were uploaded to the internet by Neeley, and are accessible on sites other than Google because of actions taken by Neeley.

Unsurprisingly, the court didn?t go for that; for more details, see the opinion and the Magistrate Judge?s Report and Recommendations, which the judge adopted.

Full post as published by The Volokh Conspiracy on February 07, 2011 (boomark / email).