Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 7 of 42
GARCIA V. GOOGLE
7
Paul Alan Levy and Scott Michelman, Public Citizen
Litigation Group, Washington, D.C., for Amicus Curiae
Public Citizen.
Justin Hughes, Loyola Law School, Los Angeles, California,
for Amici Curiae Professors Shyamkrishna Balganesh, Justin
Hughes, Pete Menell, and David Nimmer.
OPINION
McKEOWN, Circuit Judge:
In this case, a heartfelt plea for personal protection is
juxtaposed with the limits of copyright law and fundamental
principles of free speech. The appeal teaches a simple
lesson—a weak copyright claim cannot justify censorship in
the guise of authorship.
By all accounts, Cindy Lee Garcia was bamboozled when
a movie producer transformed her five-second acting
performance into part of a blasphemous video proclamation
against the Prophet Mohammed.1 The producer—now in jail
on unrelated matters—uploaded a trailer of the film,
Innocence of Muslims, to YouTube. Millions of viewers soon
watched it online, according to Garcia. News outlets credited
the film as a source of violence in the Middle East. Garcia
received death threats.
1
We use the transliteration “Mohammed” because both parties use this
spelling.
We note that, according to the American Library
Association-Library of Congress Arabic Romanization Table, available
at http://www.loc.gov/catdir/cpso/roman.html, an alternate transliteration
is “Muhammad.”
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