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<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case

BY J. Alexander Lawrence
August 02, 2015

More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in Garcia v. Google that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting en banc has rejected the panel's decision.

Hollywood studios, Internet companies, and copyright experts applauded the Ninth Circuit's ruling. Newspapers, media outlets and other First Amendment champions joined in their approval.

The panel's holding posed serious risks to the interests of filmmakers and Internet content providers, like YouTube, Netflix or Hulu. And, the news media found the panel's order mandating that Google suppress a video at the center of intense public debate to be deeply troubling.

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