Federal Appeals Court Lets Christopher Lamparello Keep His FallWall.Com Gripe Site

Wednesday, Aug 24, 2005

RICHMOND, Va.

A Federal Appeals Court unanimously (3-0) ruled on Wednesday, August 24, 2005 that Christopher Lamparello, the owner of Fallwell.com -a Web site critical of the Rev. Jerry Falwell's views on homosexuality -did not violate trademark laws by using a misspelling of the evangelist's name as the site's domain name.

The result proves this is still America, Lamparello said in a telephone interview. "Just because someone who's a lot more powerful than I am demands that I do something doesn't mean I should do it."

Judge Diana Gribbon Motz noted the fact that the site was openly critical of Falwell, his positions and his interpretations of the Bible, and further stated that "After even a quick glance at the content of the website ... no one seeking Reverend Falwell's guidance would be misled by (Chris Lamparello's) Domain Name http://www.Fallwell.com into believing that Reverend Falwell authorized the content of that website."

Rev. Falwell's attorney, John H. Midlen Jr. is reportedly planning on requesting the full appeals court to reconsider the decision.

The American Civil Liberties Union had filed a brief in support of Christopher Lamparello, and called the ruling by the Federal Court of Appeals a victory for free speech on the Internet.

It is truly refreshing to see that big guns did not succeed (at least in this case) in their attempts to muzzle Joe Public's right to say his piece -loud and clear!

PS: I do not want to (even potentially) mislead anyone into thinking that Rev. Falwell's site (falwell.com) has been created to confuse people looking for Chris Lamparello's Website at Fallwell.com, so I have chosen not to hotlink to Rev. Falwell's site.