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Alternative Market Briefing

Activist hedge fund Bulldog Investors claims free speech and internet personal jurisdiction are threatened by legal case

Monday, April 23, 2012

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Phillip Goldstein
By Beverly Chandler, Opalesque London:

Phillip Goldstein of activist hedge fund Bulldog Investors has told Opalesque that the US Supreme Court will consider whether to grant their petition for review on May 10. "Given that a very small percentage of petitions are granted, our odds are low although we do have two hot button issues - free speech and internet personal jurisdiction - in which the Court has expressed interest of late" he writes.

Goldstein has been effectively defending the public’s right to information since 2006. He points out that most people have ignored the issue of whether operating a website, by itself, allows a state to assert jurisdiction over a non-resident but emphasises that this is a very big issue for businesses.

Writing in the National Law Journal, Jamie Schuman, a freelance writer and second-year student at The George Washington University Law School, has published A challenge to 'audience-based censorship' which outlines the details of the case so far.

The 'constitutional scholar’ Laurence Tribe, a professor at Harvard Law School, writes Schuman, "who has argued before the Supreme Court 35 times, can be picky about the cases he accepts. So he typically takes on clients with cases that have national significance and a position with which he agrees".

In February,......................

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