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Joshua M King

Joshua King’s Answers

169 total


  • How are so many cases won with the Communications Decency Act of 1996 (CDA) ?

    Ripofferport.com keeps defeating civil claims asserting the CDA claiming the have no control over what others post. Which to me is ludicrous if the one claiming that is the owner/operator of the site. Further, Ripoffreport.com has an adm...

    Joshua’s Answer

    • Selected as best answer

    It's not a question of a site like RipOffReport not having control; of course they have control. Rather, it's a matter of CDA 230 giving forum sites immunity from liability unless they have created the content.

    In fact, one of the judgments that went into the enactment of CDA 230 was that it would encourage comment and content moderation by freeing site owners from worrying that, by moderating, they would be taking on legal duties not present if they simply made their sites a free-for-all.

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  • Being Defamed on a website forum.

    I have asked the site owner to kindly remove any posts which include my name, and anything regarding me... he refuses to do so, and stats freedom of speech etc... people there are calling me awful names, and defaming my character. What steps need ...

    Joshua’s Answer

    Be careful about suing the website operator. Even many attorneys are unaware that websites that provide a forum for third party comments are, except in exceptional cases, immune from defamation liability under 47 USC section 230.

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  • Is the use of my business name to make more money illegal?

    I own a business, and I use google ad words to market at times. I happened to search for my company in google today, and I found out that my competitor was using my business name to make sure that theirs popped up when people searched for my busin...

    Joshua’s Answer

    It's not illegal to buy keywords that include a competitor's name, as long as the campaign isn't designed to confuse consumers. This issue has been litigated many times, but a decision from earlier this year in the 9th Circuit (which includes California) largely laid it to rest. You can read more detail at the link below.

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  • Who do I file a complaint about an attorney's ethics?

    local attorney living in a small city, attends public meetings, uses profane language directed at member of council. Pens untrue statements about business owners in letters. Misrepresents him self by implying he is city attorney when he is not. ...

    Joshua’s Answer

    Contact the Oregon State Bar Client Assistance Office. You can call them (503-620-0222 or toll free in Oregon 800-452-8260) or email cao@osbar.org.

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  • Are there different standards applied to the issue of "due process"?

    If one person(A)is in a criminal case and another person(B) is in a civil, non-criminal case and each party has an issue of due process arise in his case, are there two different standards because one is criminal(more at risk(A)) and the other may...

    Joshua’s Answer

    The level of due process required is very dependent on what's at stake. As I'm sure you'd recognize, more due process is required if someone's liberty is at stake than, say, a $100 traffic fine. And yes, it's absolutely true that those with less significant matters are more at the mercy of local courts, because a) their matters don't meet the $75,000 "amount in controversy" limit to file in federal court and b) federal and appellate courts aren't typically sympathetic to due process claims over minor matters unless the due process violation is obvious and wide-spread.

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  • I'm a victim of crime and the guy who assaulted me is getting a plea bargain. What can I do?

    I'm afraid he's going to get a light sentence and be out too soon. What can I do to make sure he gets the time he deserves?

    Joshua’s Answer

    Although whether a plea bargain gets done is ultimately up to the prosecutor and the judge, as a crime victim you do have a right to make your voice heard. The state attorney must make a reasonable effort to inform you of the plea bargain, and see if you have any comments on - or objections to - the plea bargain. If you make any such comments or objections, the prosecutor must inform the judge.

    While you can't control whether a plea bargain is ultimately accepted, you at least have the opportunity to potentially influence the outcome by voicing any concerns you have. Make sure they are specific and to-the-point.

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  • Crime Victim right to require HIV testing?

    I was a victim of sex crime and I’m worried worried that he’s got HIV. We used to date but I know he’s been with lotsa other women. How can I make sure he gets tested?

    Joshua’s Answer

    First of all, make sure you get tested yourself. As for required testing, it depends on the state. Many states provide for some form of mandatory HIV testing, either at charging or upon request (and sometimes a finding of a reasonable probability of exposure). The National Crime Victim Law Institute has a chart showing the specifics of the law in each state – check the link below for your state’s information, and good luck.

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  • What kind of rights does a crime victim have?

    I've been told that crime victims sometimes have rights to testify anonymously, get restitution, etc. I'm writing a paper on the topic and would appreciate any guidance you can provide. Thanks!

    Joshua’s Answer

    Crime victims have some of these rights in many states, but it depends on the law in your particular state. The National Crime Victim's Law Institute has prepared a comprehensive library of information on state-specific laws relating to crime victim rights. Click the link below to check the law in your state.

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  • My son is 41, paralyzed and seriously brain injured. He has legal rights in litigation, but we have no money for a lawyer.

    What can be done to assert his legal rights?

    Joshua’s Answer

    You should contact a local personal injury lawyer, preferably one who specializes in brain injury. If your son has a case, this is the type of matter that attorneys will take on a contingent fee basis, meaning you will not have to pay out of pocket for a lawyer.

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  • Offensive text message

    My 80 year old mother got an offensive text message. Obviously it was sent to the wrong person, but I still consider it abuse of the whole texting system. Can I report them? How do I do that? Is it illegal? My mother only has a phone so I can comm...

    Joshua’s Answer

    You could contact your mother's cellular provider and remove the text messaging option (as your mother doesn't know how to use it), which would keep her from getting any more nasty messages. Beyond that, your best bet is to erase the message and quit worrying about it. There's no law against sending offensive text messages, particularly as this one was sent to the wrong person. Yes, it's upsetting, and yes, there are rude and disgusting people out there. But this was simply a mistake, so the sooner you stop letting it bug you the better.

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