First Ammendment

Remember how last month the Yes Men embarassed the U.S. Chamber of Commerce by pretending to be Chamber representatives and holding a press conference at the National Press Club to announce the group was reversing its position on lobbying against climate change legislation? (If you haven't seen the video, we've posted it below.)

The Chamber of Commerce has since filed a lawsuit against the Yes Men, claiming, among other things, that the stunt infringed on their trademark.

San Francisco-based Electronic Frontier Foundation is now stepping up to represent the group.

"The action was a brilliant piece of political theater," EFF Senior Staff Attorney Corynne McSherry said in a press release posted on the organization's Web site. "This is core political speech, protected by the First Amendment."

"Trademark rights do not encompass the right to silence criticism," said EFF Senior Staff Attorney Matt Zimmerman. "It is our hope that the Chamber will rethink its lawsuit."

Davis Wright Tremaine is also joining the defense team.

In May 2007, Oakland Tribune photographer Ray Chavez pulled over on I-880 to shoot a crash. A police officer told him to leave—and then handcuffed him after he refused to do so.

In response, Chavez sued the City of Oakland, asserting that he was blocked from access to a news scene and that his First Amendment/freedom of the press rights were interfered with.

U.S. District Court Judge Charles Breyer of the Northern District of California, in San Francisco, dismissed the suit on Tuesday. The dismissal centers around the assertion that journalists do not have First Amendment rights in places where the general public is excluded, and that the middle of the freeway is a place where the general public would be excluded.

Specifically, in the judgment, Breyer states: