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In February 2008, the wikileaks.org domain nameDomain name
A domain name is an identification string that defines a realm of administrative autonomy, authority, or control in the Internet. Domain names are formed by the rules and procedures of the Domain Name System ....
was taken offline after the Swiss Bank Julius Baer sued WikiLeaks and Dynadot, the wikileaks.org domain registrar, in a court in California, United States, and obtained a permanent injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
ordering the shutdown. WikiLeaks had hosted allegations of illegal activities at the bank's Cayman Islands
Cayman Islands
The Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...
branch. WikiLeaks' U.S. Registrar, Dynadot, complied with the order by removing its DNS entries. However, the website remained accessible via its numeric IP address, and online activists immediately mirrored WikiLeaks at dozens of alternative websites worldwide.
The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
filed a motion protesting the censorship of WikiLeaks. The Reporters Committee for Freedom of the Press
Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of the Press is an American nonprofit organization, founded in 1970, that provides free legal assistance to and on behalf of journalists. A number of prominent journalists presently sit on the organization's steering committee, including Dan Rather, and Judy...
assembled a coalition of media and press that filed an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
brief on WikiLeaks' behalf. The coalition included major U.S. newspaper publishers and press organisations, such as the American Society of News Editors
American Society of News Editors
The American Society of News Editors is a membership organization for editors, producers or directors in charge of journalistic organizations or departments, deans or faculty at university journalism schools, and leaders and faculty of media-related foundations and training organizations...
, the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, the Citizen Media Law Project, the E. W. Scripps Company
E. W. Scripps Company
The E. W. Scripps Company is an American media conglomerate founded by Edward W. Scripps on November 2, 1878. The company is headquartered inside the Scripps Center in Cincinnati, Ohio. Its corporate motto is "Give light and the people will find their own way."On October 16, 2007, the company...
, the Gannett Company
Gannett Company
Gannett Company, Inc. is a publicly-traded media holding company headquartered in Tysons Corner, Virginia, United States, near McLean. It is the largest U.S. newspaper publisher as measured by total daily circulation. Its assets include the national newspaper USA Today and the weekly USA Weekend...
, the Hearst Corporation
Hearst Corporation
The Hearst Corporation is an American media conglomerate based in the Hearst Tower, Manhattan in New York City, New York, United States. Founded by William Randolph Hearst as an owner of newspapers, the company's holdings now include a wide variety of media...
, the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
, the National Newspaper Publishers Association, the Newspaper Association of America
Newspaper Association of America
The Newspaper Association of America is a trade association representing approximately 2000 newspapers in the United States and Canada. Member newspapers represented by the NAA include large daily papers, non-daily and small-market publications, as well as digital and multiplatform...
and the Society of Professional Journalists
Society of Professional Journalists
The Society of Professional Journalists , formerly known as Sigma Delta Chi, is one of the oldest organizations representing journalists in the United States. It was established in April 1909 at DePauw University, and its charter was designed by William Meharry Glenn. The ten founding members of...
. The coalition requested to be heard as a friend of the court to call attention to relevant points of law that it believed the court had overlooked (on the grounds that WikiLeaks had not appeared in court to defend itself, and that no First Amendment issues had yet been raised before the court). Amongst other things, the coalition argued that:
"WikiLeaks provides a forum for dissidents and whistleblowers across the globe to post documents, but the Dynadot injunction imposes a prior restraint that drastically curtails access to Wikileaks from the Internet based on a limited number of postings challenged by Plaintiffs. The Dynadot injunction therefore violates the bedrock principle that an injunction cannot enjoin all communication by a publisher or other speaker."
The same judge, Judge Jeffrey White, who issued the injunction vacated it on 29 February 2008, citing First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
concerns and questions about legal jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. WikiLeaks was thus able to bring its site online
ONLINE
ONLINE is a magazine for information systems first published in 1977. The publisher Online, Inc. was founded the year before. In May 2002, Information Today, Inc. acquired the assets of Online Inc....
again. The bank dropped the case on 5 March 2008. The judge also denied the bank's request for an order prohibiting the website's publication.
The Executive Director of the Reporters Committee for Freedom of the Press
Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of the Press is an American nonprofit organization, founded in 1970, that provides free legal assistance to and on behalf of journalists. A number of prominent journalists presently sit on the organization's steering committee, including Dan Rather, and Judy...
, Lucy Dalglish, commented:
"It's not very often a federal judge does a 180 degree turn in a case and dissolves an order. But we're very pleased the judge recognized the constitutional implications in this prior restraint."