Court overturns ruling on editing Yelp criticism

By Bob Sullivan

Free speech advocates have won the latest battle in the legal fight between critical web commenters and the businesses they target.

In a Dec. 28 decision that is only now being widely circulated, the Virginia Supreme Court ruled that a dissatisfied consumer's Yelp comments shouldn?t have been ordered removed from the web by a lower court.

The decision is the latest in a steady stream of court rulings that impact consumers who criticize businesses online; in this case, an appeal to First Amendment rights was successful.

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Jane Perez was sued by contractor Christopher Dietz in Fairfax County, Va., after she wrote on Yelp that Dietz failed to deliver promised services and implied he might be responsible for jewelry missing from her house. In early December, a trial court ordered Perez to remove portions of her negative review, including references to the missing jewelry and to an earlier court ruling surrounding their dispute. That ruling gained national attention.

But the Virginia Supreme Court overruled the lower court, finding that "the preliminary injunction was not justified," removing restrictions on her original review and siding with Perez? argument that the lower court?s decision represented unreasonable ?prior restraint? of her right to free speech.

?The decision confirms the importance of not shutting down public discussion on the Internet just because someone doesn?t like what?s being talked about,? said Paul Alan Levy, an attorney for advocacy group Public Citizen, which filed Perez?s appeal to the supreme court. ?Review sites like Yelp are vehicles for the free flow of ideas by helping consumers make informed decisions on how to spend their hard-earned dollars.?

The ruling does not mean that Perez has no legal responsibility for her comments, however ?- the underlying case continues, and she could be liable for damages if Dietz proves in court that he was libeled. The court's ruling merely invalidates what Perez's trial attorney had earlier called judicial "copy-editing" of her Internet comments.

In its appeal to the injunction, Public Citizen argued that a court cannot forbid speech with an injunction simply to protect a business from bad publicity.

?Settled law ? forbids preliminary injunctions to protect the reputation of a business as impermissible prior restraints,? the advocacy group wrote.

?Prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights,? it continued, citing a 1976 U.S. Supreme Court ruling.

That hasn?t stopped companies from trying, however. Weary of reputation-killing criticism on review sites like Yelp, some businesses have taken to suing consumers for libel, claiming damages through lost future customers. Such lawsuits are meeting with mixed results: An Oregon judge dismissed one lawsuit filed by a dentist earlier this year. Months earlier, a similar lawsuit filed by a church pastor was also dismissed. On the other hand, a case filed by a neurologist in Minnesota after negative comments was initially dismissed, but reinstated by a state appeals court earlier this year. And there are dozens of other ongoing cases -- many involving health care -- including one involving a ?Chicago plastic surgeon suing former patients for $100,000 after they criticized his work online.

Still, the threat of a libel lawsuit has become a more common tactic by businesses trying to dissuade consumers from making critical comments in public forums. A Red Tape reader in Ohio complained last month that she was threatened with such a lawsuit after she placed a sign on her front lawn criticizing a home alarm company.

Levy, a lawyer with Public Citizen, said it?s important the discussion and criticism not be chilled by legal threats and that he was pleased with the Virginia Supreme Court?s ruling.

?This ruling means if you have a sound case for defamation, by all means, you can bring it, but you shouldn't expect to have (comments) taken off-line at first blush,? Levy said. ?You have to show to the satisfaction of a jury that false statements have been made about you with malice or negligence.?

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Source: http://redtape.nbcnews.com/_news/2013/01/02/16306557-court-overturns-ruling-that-required-copy-editing-of-yelp-criticism?lite

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Europe, Asia banks join U.S. in swap dealer line-up

WASHINGTON (Reuters) - Asian and European banks registered as U.S. swap dealers this week, joining Wall Street rivals in complying with new rules that aim to shed light on the opaque $650 trillion (398.2 trillion pounds) derivatives market.

Deutsche Bank , Commerzbank , Societe Generale , BNP Paribas and Nomura were among those listed in the registry of the National Futures Association (NFA), a U.S. regulator.

But large energy traders such as Royal Dutch Shell , Valero and Chevron were conspicuously absent from the registry, a sign of how the market is dominated by investment banks, which largely serve speculators.

In 2009, the world's largest countries agreed to clamp down on the unregulated swaps market, which many blamed for contributing to the devastating financial crisis.

Regulators set tighter standards for trading and data reporting, among a host of other measures.

Swaps can be used to protect against the financial effects of a change in interest rates, currency rates, the risk of default, or commodity or energy prices.

Any trader hitting a volume of more than $8 billion in swaps in the past 12 months needed to register as of December 31, according to new U.S. rules.

The energy traders may join the list once they meet the threshold, or not at all if they don't trade swaps in sufficient quantity. A spokeswoman for Shell, for instance, said it would register if and when it hit the $8 billion mark.

Swaps are currently traded in bilateral deals over the phone, but this will need to change under new rules, such as the U.S. Dodd-Frank overhaul of Wall Street.

JPMorgan , Citibank , Bank of America and Goldman Sachs are the U.S. banks among the more than 60 names dominating the market, which has been blamed for exacerbating the 2007-08 financial crisis.

The registry marks the first line-up of swaps dealers active in the United States, even if the names of the domestic banks were roughly known through data from the Office of the Comptroller of the Currency (OCC), another regulator.

The list is set to grow in the coming months, as more banks and other traders will meet the $8 billion threshold, with each last day of the month marking a deadline.

Swaps trading will need to take place on regulated platforms - similar to stock exchanges - and clearing houses will stand in between buyers and sellers to mitigate the risk of counterparty default and prevent market crashes.

Registration is one of the first deadlines to be met in the Dodd-Frank rule-writing, which is done in large part by the Commodity Futures Trading Commission (CFTC), whose powers have been vastly expanded to include swaps oversight.

The NFA - which has been made responsible for registration by the CFTC - said it had been working overtime to meet the deadline, expanding its staff in the past two years, and responding to thousands of queries from registrants.

A small group of companies that use swaps for genuine hedging purposes of physical assets such as commodities, or who use them to hedge financial liabilities in their daily business practice, is exempt from the CFTC's rules.

(Reporting by Douwe Miedema; Editing by David Gregorio)

Source: http://news.yahoo.com/europe-asia-banks-join-u-swap-dealer-line-060400524--sector.html

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Sources: WWE Champion CM Punk medically cleared to compete on this Monday's Raw

As WWE Champion CM Punk?s potential title defense against Ryback approaches on the Jan. 7 edition of Monday Night Raw, WWE.com sources indicate that The Straight Edge Superstar has been medically cleared for in-ring competition several weeks after his undergoing knee surgery. The?decision, if confirmed, returns Punk to action effective immediately, meaning he will defend his championship as scheduled in a Tables, Ladders & Chairs Match against Ryback.

The bout had originally been scheduled for the WWE TLC: Tables, Ladders & Chairs pay-per-view, but Punk?s sudden trip under the knife suspended that contest until the champion was fully recuperated. His status was in doubt as recent as Dec. 31, when his recovery timeline from the procedure was called into question by Punk's personal physician (WATCH). WWE Chairman Mr. McMahon had gone so far as to schedule a potential replacement match of Ryback vs. Paul Heyman should Punk prove unable to compete, but pending approval, it appears The Chairman?s worries are assuaged.?

Our sources also indicate that a final decision on the champion's status will be presented to the WWE Universe on WWE Main Event tonight at 8/7 CT on ION Television.

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Source: http://www.wwe.com/shows/raw/2012-12-31/cm-punk-cleared-to-compete

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Top 10 Canadian Albums of 2012 | On the Danforth Online

By Daniel Polowin

10. ?Leonard Cohen -?Old Ideas

After a somewhat unfortunate decade, this septuagenarian Canadian icon staged a comeback in 2012 with a?worldwide?tour and this platinum-selling album. Cohen is at top form in this, his first album of new material in eight years. Accompanying the bluesy instrumentation and the smoky baritone vocals we?ve come to expect from Cohen are some of his most moving lyrics yet. Cohen returns to his familiar meditations on love, sex, and God but with the added poignancy of a poet in the autumn of his life.

9. ?A Tribe Called Red -?A Tribe Called Red

Combining electronic, hip hop, reggae, dubstep, and dance with First Nations musical elements, this unique group, based out of Ottawa, has already been nominated for a Polaris Prize for this stellar debut album. Featuring?traditional?First Nations drumbeats and vocal chanting, A Tribe Called Red dub their unique style ?powwow-step.?

8. ?Carly Rae Jepsen -?The Kiss

Perhaps you?ve heard ?Call Me Maybe,? the song of summer 2K12 with possibly the catchiest melody ever written. After a pivotal endorsement from fellow Canadian heartthrob Justin Bieber, this song went viral, with thousands of parody covers and?lip-dub?videos. While ?Call Me Maybe? is the main event on this, Jepsen?s first internationally released album, it is accompanied by other solid?sugary-sweet bubble-gum pop songs that suggest that Jepsen will not be a one-hit wonder.

7. ?A.C. Newman -?Shut Down the Streets

This is lead singer of the New Pornographers Carl Newman?s third solo album and his best yet. More introspective and wistful than the power-pop of his band work, Newman?s songs on this album are some of his most affecting, with lyrics about family, home, and fatherhood. Standout tracks include ?Strings,? ?Hostages,? and ?Encyclopedia of Classic Takedowns,? featuring guest vocals from Neko Case.

6. ?Metz -?Metz

Admittedly, this is not for everyone. Toronto-based trio Metz are loud, noisy, and aggressive. Playing post-hardcore sludge-punk, Metz?s debut album features screaming vocals, thundering drums, and ferocious guitar-work. But there is art in all this chaos and pop elements like vocal harmonies, tambourines, and piano riffs, evoking nineties bands like Nirvana and the Jesus Lizard. If this type of music appeals to you, we highly recommend seeing Metz live for the full punk experience.

5. ?Grimes -?Visions

Grimes is the?vehicle of Vancouver-born, Montreal-based musician, artist, and music video director Claire Boucher. Visions is her third album and biggest commercial and?critical?success. With an eclectic mix of influences and styles that Grimes describes as ?ADD music,? I imagine this album as the future official soundtrack of outer-space. Watch the video for one of the standout tracks off?Visions below and note Grimes? unique fashion-sense.

4. ?Kathleen Edwards ? Voyageur

Ottawa-native Kathleen Edwards? fourth studio album is produced by Justin Vernon of Bon Iver (her boyfriend) and features notable guest musicians like Norah Jones, the Good Lovelies, and Megafaun. Edwards, with her beautiful and haunting voice, is a master of alt-country.?Voyageur, which Edwards labels her ?divorce album,? features some of her most accessible rock music ?to date but also some of her saddest and most cathartic songs.

3. ?Mac DeMarco -?2

The second album from this Edmonton-raised and Montreal-based singer-songwriter and multi-instrumentalist is a triumph. Mixing folk, glam-rock, country, and R&B, DeMarco sings off-kilter yet simple pop songs about cigarettes and his girlfriend, accompanied by warm and inviting bedroom-recorded instrumentation. The standout track off this album is the lovely ?My Kind of Woman.? Just turning 22 this year, the future looks bright for DeMarco if he continues releasing gems like?2.

2. Purity Ring -?Shrines

This duo from Edmonton released the best electronic album in a year with tough competition; even more impressive is that it?s their debut. Standout songs include ?Ungirthed,? ?Lofticries,? and ?Belispeak,? but the entire album is a cohesive collection of great tracks with ghost-like vocals and danceable synth beats. Though masked under heavy-production, the lyrics are excellent: literary and impressionistic yet accessible and catchy. Shrines is an impressive artistic statement from this young, up-and-coming, and unique band.

1. ?Japandroids -?Celebration Rock

Not a great year for rockers, but Japandroids? appropriately titled second album is redemption for true rock & roll. While missing some of the aggressive punk of their debut, Celebration Rock has similar catchy riffs over songs about partying, intoxication, and love, with more crossover appeal and pop touches. Songs like ?Fire?s Highway? and ?Younger Us? evoke the driving rock ballads of Bruce Springsteen, while the slower closer ?Continuous Thunder? hints at a more introspective direction for this duo, showing that while Japandroids still rock hard, they are growing up.

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Source: http://onthedanforth.ca/2012/12/31/top-10-canadian-albums-of-2012/

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CRITIQUE ARTICLE 2: Use of Career Education and ... - Blog ...

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Source: http://palabap11.blogspot.com/2013/01/critique-article-2-use-of-career.html

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Fiscal deal would raise tax rates, sticking point remains: source

WASHINGTON (Reuters) - An emerging deal to avoid the U.S. "fiscal cliff" would raise $600 billion in revenue over the next 10 years by increasing tax rates for individuals making more than $400,000 and households making above $450,000 annually, according to a source familiar with the talks.

The deal would also delay a series of automatic government spending cuts, known as the "sequester," though a sticking point remains on how long that delay would last.

The White House is pressing for it to be delayed a full fiscal year and to include offsets made up of a mix of spending cuts and revenue, the source said.

The deal would permanently extend middle-class tax cuts for 114 million households and includes a permanent fix for the so-called "alternative minimum tax." It would extend unemployment insurance for 2 million people for one year.

The deal would raise the estate tax for estates worth $10 million per couple or more to 40 percent from 35 percent.

The agreement would return capital gains tax rates for individuals making $400,000 a year and couples making $450,000 a year to what they were under President Bill Clinton. Including a 3.8 percent tax from Obama's 2010 healthcare law, dividends and capital gains would be taxed at a rate of 23.8 percent.

The deal also prevents a 27 percent cut to reimbursements for doctors who see Medicare patients, known as the "doc fix," and does not include cuts from Obama's healthcare law to do so, according to the source.

(Reporting by Jeff Mason, Roberta Rampton, and Mark Felsenthal; Editing by Will Dunham)

Source: http://news.yahoo.com/fiscal-deal-raise-tax-rates-sticking-point-remains-181132626--business.html

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Millinocket firefighters save several pets from fire - Bangor Daily News

MILLINOCKET, Maine ? Firefighters battled thick smoke to rescue two cats and a dog from a fire that damaged the cellar and living room of an Aroostook Avenue house Sunday morning.

Firefighters had to stop homeowner Thomas Jameson from going back into his house at 423 Aroostook Ave. to retrieve his pets after he had rescued a dog and a cat, Fire Chief Andrew Turcotte said.

With flames burning into the cellar ceiling and first-floor living room and smoke thick throughout the rest of the house, Turcotte went inside and found a dog and a cat and Firefighter-EMT Sam Monteith rescued a cat, Turcotte said.

?It was the funniest thing,? Turcotte said. ?The cat I found was just lying there, unresponsive, and I thought it was dead. I shook it a little bit and it came right alive. It hissed and clawed at me. I was thinking, ?Oh my goodness.??

Firefighters have pet-sized breathing masks to help resuscitate pets, but didn?t need to use them on the animals. Jameson, however, was treated for smoke inhalation at Millinocket Regional Hospital after refusing treatment at the scene, Assistant Fire Chief Thomas Malcolm said.

The fire apparently started in an ash box in the basement directly beneath Jameson?s living room fireplace. The ash box is large, approximately 16 inches across and about two feet deep, and embedded in cement, but was piled high with ash because it hadn?t been cleaned in a while, Turcotte said.

?It appears there was quite a bit of hot ash in there,? he said.

Ash that fell to the box from a fireplace fire the family started the night before apparently ignited thick building timbers hanging over the ash box. Turcotte said the timbers might also have ignited because they were badly dried out after decades of exposure to ash box heat.

Turcotte smelled smoke at about 8:55 a.m. and either he or a neighbor called 911. When firefighters arrived about five minutes later, heavy black smoke was pouring from the front door, Turcotte said.

Thick basement smoke and intense heat made finding the seat of the fire difficult, but firefighters doused the flames before they could spread very far into the living room area, Turcotte said.

East Millinocket firefighters were called immediately to the scene because Millinocket is down one engine, and they assisted in fighting the flames, Turcotte said. The flames might have eaten into the first floor and become uncontrollable had the fire burned much longer.

?They did a really good quick stop,? Malcolm said. The fire ?could have gone right up the chimney chase but it didn?t. They saved a lot with the initial knockdown.?

The Jameson family won?t be able to occupy the house until repairs are made. Damage estimates run from $30,000 to $40,000.

The fire is Millinocket?s second in about a month. A malfunctioning space heater sparked a fire that destroyed most of a second-floor apartment on Katahdin Avenue on Nov. 28.

Sunday?s fire, Turcotte said, underlined the importance of keeping fireplaces clear of ash buildup. He encouraged homeowners to have their chimneys and fire boxes cleaned professionally or at least emptied.

Source: http://bangordailynews.com/2012/12/30/news/penobscot/millinocket-firefighters-save-several-pets-from-fire/

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