Legal News

Case of Suppressing Political Speech against Baidu and China May Proceed
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In an interesting turn of events that many thought preposterous and bound to fail, eight New York writers and video producers had brought a lawsuit against Baidu and China in 2011, alleging the defendants had conspired to suppress their political speech.

The lawsuit sought millions of dollars in damages for violation of the First Amendment rights of the plaintiffs and human rights law. The lawsuit was dismissed this March because of failure to serve notices on the defendants. However, the judge had put the dismissal on hold and allowed the plaintiffs to propose alternative means to serve Baidu.

In the matter, People’s Republic of China invoked its authority as a sovereign nation and that it was against the spirit of the Hague Convention to allow the plaintiffs to serve notices on Baidu Inc.

  
What
Where


However, on Friday night, judge Furman rejected Baidu’s arguments and said the Hague Convention was made to make it easier to serve court papers across international borders. And that it was meant to ensure that recipients had sufficient notice of court documents.

The court held that the plaintiffs could serve notice on Baidu by serving notice to Baidu’s lawyer in U.S.

Furman observed that allowing service within the United States and “in a manner that does not call upon China to effect service (in that country) does not override its invocation of its own sovereignty and security; to the contrary, it honors that invocation.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




The plaintiffs allege that by censoring their political speech on the Baidu search engine, China and Baidu had caused them harm, because the content was available through other popular search engines.

The court gave the plaintiffs 30 days to serve Baidu’s lawyer in the U.S. and 120 days to serve the People’s Republic of China through proper diplomatic channels.



The case is Zhang et al v. Baidu.com et al, U.S. District Court, Southern District of New York, No. 11-03388



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Oil and Gas Attorney

USA-TX-San Antonio

San Antonio office of our client seeks oil and gas attorney with experience. The candidate will assi...

Apply Now

Mid-level Federal Income Tax Associate Attorney

USA-WA-Seattle

Seattle office of our client seeks mid-level tax associate attorney with 3-5 years of experience in ...

Apply Now

Litigation Attorney

USA-NJ-Red Bank

Red Bank office of our client seeks litigation attorney with 3-5 years of experience. The candidate ...

Apply Now

RELEVANT JOBS

Associate Attorney

USA-MD-Towson

Job Description: Progressive environmental and land use firm seeks Maryland-licensed lawyer to join ...

Apply now

LITIGATION ASSOCIATE ATTORNEY

USA-CT-Westport

Small civil litigation firm is looking to hire a full-time attorney for our Westport, CT office. Can...

Apply now

Administrative Coordinator

USA-CA-Torrance

Administrative Coordinator: TAKI LAW OFFICES, A PROFESSIONAL CORPORATION seeks a full-time (40 hrs/w...

Apply now

MID-HUDSON NY LAW FIRM ATTORNEYS & PARALEGALS WANTED

USA-NY-Chester

Attorneys and paralegals wanted for a fast growing Mid-Hudson NY commercial law firm with clients th...

Apply now

SEARCH IN ARCHIVE

To Top