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LAMPARELLO v. FALWELL

Nos. 04-2011, 04-2122.

420 F.3d 309 (2005)

Christopher LAMPARELLO, Plaintiff-Appellant, v. Jerry FALWELL; Jerry Falwell Ministries, Defendants — Appellees. American Civil Liberties Union; ACLU Foundation of Virginia; Intellectual Property Law Faculty, Amici Supporting Appellant. Christopher Lamparello, Plaintiff-Appellee, v. Jerry Falwell; Jerry Falwell Ministries, Defendants-Appellants. American Civil Liberties Union; ACLU Foundation of Virginia; Intellectual Property Law Faculty, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 2005.

Attorney(s) appearing for the Case

ARGUED: Paul Alan Levy, Public Citizen Litigation Group, Washington, D.C., for Christopher Lamparello. John Holbrook Midlen, Jr., Midlen Law Center, Chevy Chase, Maryland, for Jerry Falwell and Jerry Falwell Ministries. ON BRIEF: Allison M. Zieve, Public Citizen Litigation Group, Washington, D.C., for Christopher Lamparello. Phillip R. Malone, Bruce P. Keller, Jeffrey P. Cunard, Berkman Center for Internet and Society, Harvard Law School, Cambridge, Massachusetts; Rebecca Tushnet, Visiting Associate Professor of Law, Georgetown University Law Center, Washington, D.C., for Amici Curiae, Intellectual Property Law Faculty, Supporting Christopher Lamparello. Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia; Michael Adams, American Civil Liberties Union, New York, New York, for Amici Curiae, American Civil Liberties Union and American Civil Liberties Union of Virginia Foundation, Inc., Supporting Christopher Lamparello.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

Christopher Lamparello appeals the district court's order enjoining him from maintaining a gripe website critical of Reverend Jerry Falwell. For the reasons stated below, we reverse.

I.

Reverend Falwell is "a nationally known minister who has been active as a commentator...

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