Paul Alan Levy
{{Short description|American attorney}}
{{other uses|Paul Lévy (disambiguation)}}
{{Use American English |date=January 2025 }}
{{Use mdy dates |date=January 2025 }}
{{Infobox person
| name = Paul Alan Levy
| image =
| alt =
| caption =
| birth_date =
| birth_place =
| death_date =
| death_place =
| education = {{Plainlist}}
{{Endplainlist}}
| occupation = Attorney
| years_active =
| employer = Public Citizen
| known_for = litigating Internet-related free speech cases
| notable_works =
}}
Paul Alan Levy is an American attorney at Public Citizen specializing in Internet-related free speech issues.{{cite web |author= |title=Paul Alan Levy |url=https://www.citizen.org/about/person/paul-alan-levy|publisher=Public Citizen |access-date=2025-02-05}} He has litigated cases in state and federal courts throughout the United States about the identification of anonymous Internet speakers, and argued four cases in front of the US Supreme Court. His {{lang|la|amicus curiae}} brief in Dendrite International, Inc. v. Doe No. 3 proposed a four-prong test that was adopted by the New Jersey Superior Court, Appellate Division and has become the model for other cases in which plaintiffs demand the unmasking of an anonymous Internet speaker.
Background
His Internet practice also includes the defense of trademark and copyright claims brought as a means of suppressing critical web sites.{{cite news |url=https://www.washingtonian.com/2014/02/03/paul-levy-the-web-bullys-worst-enemy/ |title=Paul Levy, the Web Bully's Worst Enemy |author=Luke Mullins |work=Washingtonian |date=February 3, 2014 |access-date=January 5, 2025 }} His cases in this area, such as Bosley Medical, Inc. v. Kremer, Lamparello v. Falwell, and Jenzabar v. Long Bow Group,{{cite web |url=http://masscases.com/cases/app/82/82massappct648.html |title=Jenzabar, Inc. vs. Long Bow Group, Inc., 82 Mass. App. Ct. 648 |publisher=Commonwealth of Massachusetts |work=Trial Court Law Libraries |date=October 18, 2012 |access-date=January 5, 2025 }} have established the right to create Internet "gripe sites" that include the trademark names of companies in their domain names and meta tags.
According to Eugene Volokh of the Washington Post, Levy who is one of Pulbic Citizen's leading public interest lawyers, is a reliable source when it comes to figuring out what is going on in matters such as the case of Brett Kimberlin.The Washington Post, August 1, 2014 - [https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/01/paul-alan-levy-public-citizen-on-the-latest-in-the-brett-kimberlin-saga/ Paul Alan Levy (Public Citizen) on the latest in the Brett Kimberlin saga by Eugene Volokh] According to Reason magazine, Levy has been very helpful when it comes to the conduct within media and how commenting user names are presented.Reason, 11.25.2015 - [https://reason.com/volokh/2015/11/25/montana-standard-newspaper-pla/ Montana Standard newspaper plans to retroactively unmask anonymous commenters by Eugene Volokh]
Levy had legal action taken against him by Arthur Alan Wolk in relation to a blog post he made.Reason, 9.22.2011 - [https://reason.com/2011/09/22/the-chilling-power-of-incredib/ The Chilling Power of Incredible Defamation Claims - Jacob Sullum]Techdirt, Thu, Aug 4th 2011 - [https://www.techdirt.com/2011/08/04/our-response-to-arthur-alan-wolks-threat-to-sue-us/ Our Response To Arthur Alan Wolk's Threat To Sue Us - Mike Masnick]
Education and career
Levy earned his bachelor’s degree from Reed College in 1973, Phi Beta Kappa, and a J.D. from the University of Chicago in 1976, {{lang|la|cum laude}}, Order of the Coif.{{cite web |author= |title=Biographical Sketch - Paul Alan Levy |url=https://www.citizen.org/wp-content/uploads/levybio.pdf|publisher=Public Citizen |access-date=2025-02-05}} After working as a law clerk to Wade H. McCree at the United States Court of Appeals for the Sixth Circuit and Special Assistant to McCree as Solicitor General, Levy joined Public Citizen Litigation Group in 1977 to represent workers in rank-and-file labor law cases, largely representing dissident union members in cases involving union governance.{{cite journal |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5015681 |title=At the Intersection of Federal Labor Law and Rank-and-File Activism: A Legal History of Teamsters for a Democratic Union |author=Michael J. Goldberg |journal=Berkeley Journal of Employment & Labor Law |volume=45 |issue=2 |pages=177–231 |date=December 13, 2024 |access-date=January 5, 2025 |ssrn=5015681 |doi=10.2139/ssrn.5015681 |url-access=subscription }} {{As of|2025|post=,}} he has been with the Litigation Group ever since,{{cite book |url=https://store.tortmuseum.org/products/courting-change |title=Courting Change: The Story of the Public Citizen Litigation Group |author=Barbara Craig |publisher=Public Citizen |date=31 May 2004 |isbn=9781582310312 }} with the exception of a sabbatical in 1983–1984, when he taught at the Benjamin N. Cardozo School of Law. From 1984 to 1999 he was outside general counsel for Teamsters for a Democratic Union.
He is also, since 1983, a member of the board of directors of the Association for Union Democracy,{{cite web |url=https://uniondemocracy.org/about-us/ |title=About Us |publisher=Association for Union Democracy |date= |access-date=February 12, 2025 }} and for several years chair of the American Bar Association Section of Intellectual Property Law, Special Committee on Online Issues, Domain Name Subcommittee. From 1980 to 2006 he was a member of the steering committee, Labor and Employment Committee, National Lawyers Guild.
Levy gives a continuing education course on Practical Considerations in Litigating Online Free Speech Cases, and serves on the Legal Review Committee for the American Civil Liberties Union for the District of Columbia.
Publications and cases
Levy has argued scores of cases in United States Courts of Appeal, and in the United States Supreme Court, as well as writing briefs for parties in seven other cases.
In Smith v. Wal-Mart Stores, he defended the right of a parodist to make fun of Wal-Mart's trademarks.{{cite web |url=https://case-law.vlex.com/vid/smith-v-wal-mart-891678663 |title=Smith v. Wal-Mart Stores, Inc. |publisher=VLex |date= March 20, 2008|access-date=February 12, 2025 }} In arguing against the issuance of prior restraint in Bank Julius Baer v. Wikileaks, he had the insight that the case had been filed without subject-matter jurisdiction.{{cite web |url=https://casetext.com/case/bank-julius-baer-co-ltd-v-wikileaks-3 |title=Bank Julius Baer & Co. v. Wikileaks |publisher=Casetext |date=February 29, 2008 |access-date=February 12, 2025 |archive-date=January 8, 2023 |archive-url=https://web.archive.org/web/20230108225848/https://casetext.com/case/bank-julius-baer-co-ltd-v-wikileaks-3 |url-status=dead }} His work in such cases as Lee v. Makhnevich and Prestigious Pets v. Duchouquette, opposing the enforcement of non-disparagement clauses in consumer contracts, presaged the adoption of the federal Consumer Review Fairness Act that made such clauses illegal.{{cite web |url=https://clpblog.citizen.org/federal-statute-barring-non-disparagement-clauses-is-enacted/ |title=Federal Statute Barring Non-disparagement Clauses Is Enacted |publisher=Consumer Law & Policy Blog |date= December 15, 2016|access-date=February 12, 2025 }} In Dimondstein v. Postal Workers, he established that the right of intra-union candidates to have campaign literature distributed to union’s list of membership addresses included the right to send literature by email.{{cite web |url=https://casetext.com/case/dimondstein-v-am-postal-workers-union |title=Dimondstein v. Am. Postal Workers Union |work=Casetext |publisher=Thomson Reuters |date=August 29, 2013 |access-date=January 5, 2025 }}{{Dead link|date=May 2025 |bot=InternetArchiveBot |fix-attempted=yes }} In Smith v. Garcia, he established the right of Internet speakers to oppose orders compelling the "delisting" of their blogs from search engines.{{cite web |url=https://dockets.justia.com/docket/florida/flsdce/1:2024cv25107/681157 |title=Smith Jr. v. Garcia et al |publisher=United States District Court for the Southern District of Florida |date=December 30, 2024 |access-date=January 5, 2025 }} He has litigated cases under anti-SLAPP laws in several different states and advocated the adoption of new laws of this type as well as toughening existing ones.
Levy’s most significant freedom of speech case is Dendrite International, Inc. v. Doe No. 3, in which he formulated a four-pronged test for determining whether an anonymous speaker should be unmasked.{{cite web |last1=Levy |first1=Paul Alan |last2=Salyer |first2=J.C. |date=2002-04-16 |title=Amicus: Dendrite International, Inc. v. John Does |url=https://dl.acm.org/doi/10.1145/543482.543511|publisher=ACM Digital Library |doi=10.1145/543482.543511 |access-date=2025-02-05}} Courts adopting Levy's test in Dendrite include the Maryland Court of Appeals,{{cite journal |url=https://www.rcfp.org/journals/the-news-media-and-the-law-spring-2009/big-win-anonymous-web-speec/ |title=A big win for anonymous Web speech |journal=The News Media & the Law |date=Spring 2009 |access-date=January 31, 2025 |page=20 |via=Reporters Committee for Freedom of the Press }} the US District Court for the Western District of Washington,{{cite news |url=https://www.geekwire.com/2015/a-victory-for-anonymous-commenters-state-appellate-court-protects-reviewers-identity-in-win-for-avvo/ |title=A victory for anonymous commenters: Appeals court protects reviewer's identity, in win for Avvo |author=James Risley |work=GeekWire |date=July 7, 2015 |access-date=January 31, 2025 }} the New York Supreme Court, Appellate Division,{{cite web |url=https://law.stanford.edu/2024/09/23/ny-appellate-court-protects-anonymous-speech-after-juelsgaard-clinic-brief/ |title=NY Appellate Court Protects Anonymous Speech Following Juelsgaard Clinic Brief |author1=Phillip R. Malone |author2=Victoria Gardner |author3=Kiran Wattamwar |publisher=Stanford Law School |date=September 23, 2024 |access-date=January 31, 2025 }} the Arizona Court of Appeals in Mobilisa, Inc. v. Doe,{{cite web |url=https://www.courtlistener.com/opinion/2600440/mobilisa-inc-v-doe/ |title=Mobilisa, Inc. v. Doe, 36 Media L. Rep. (BNA) 2007 (Ariz. Ct. App. 2007) |publisher=Arizona Court of Appeals |date=November 27, 2007 |access-date=January 31, 2025 |via=Court Listener }} the California Court of Appeal for the Sixth Circuit,{{cite web |url=https://www.citizen.org/litigation/zl-technologies-v-glassdoor-california-court-of-appeal-for-the-first-district/ |title=ZL Technologies v. Glassdoor |publisher=Public Citizen |date=September 19, 2019 |access-date=January 31, 2025 }} and many others.{{cite web |url=https://www.skadden.com/-/media/files/publications/2018/08/trends_in_protection_of_anonymous_online_speech.pdf |title=Trends In Protection Of Anonymous Online Speech |author1=Margaret Krawiec |author2=Thomas Parnham |publisher=Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates |date=August 13, 2018 |access-date=January 31, 2025 }} In Doe v. Cahill, the Supreme Court of Delaware adopted two of Dendrite's four prongs.
Levy's work on cases involving anonymity is discussed in Jeff Kosseff's 2022 book The United States of Anonymous.{{cite book |url=https://www.cornellpress.cornell.edu/book/9781501762383/the-united-states-of-anonymous/ |title=The United States of Anonymous |author=Jeff Kosseff |chapter=7: Setting the Rules for Online Anonymity |publisher=Cornell University Press |date=15 March 2022 |isbn=9781501762383 }}
References
{{Reflist}}
{{DEFAULTSORT:Levy, Paul Alan}}
Category:Date of birth missing (living people)
Category:20th-century American lawyers
Category:21st-century American lawyers
Category:American Civil Liberties Union people
Category:American civil rights lawyers
Category:American free speech activists
Category:Cardozo School of Law faculty
Category:International Brotherhood of Teamsters people