Commercial Litigation and Arbitration

Judicial Notice of Internet Evidence — Corporate Website for Items Corporation Offers for Sale

Smith v. U.S. Congress, 2015 U.S. Dist. LEXIS 27818 (E.D. Va. March 6, 2015):

With respect to the current teachings of Minister Farrakhan, Mr. Smith remains free to purchase other publications from The Final Call, Inc., including The Final Call newspaper, described on The Final Call website as "the official communications organ of the Nation of Islam,"23 which includes portions of sermons from Minister Farrakhan. See Shabazz, 2013 U.S. Dist. LEXIS 36317, 2013 WL 1098102, at *8 n.18.24 Additionally, The Final Call website lists a variety of books that contain the teachings of Minister Farrakhan.25 See Jeandron v. Bd. of Regents of Univ. Sys. of Md, 510 F. App'x 223, 227 (4th Cir. 2013) (observing that "'it is not uncommon for courts to take judicial notice of factual information found on the world wide web'" (quoting O'Toole v. Northrop Grumman Corp., 499 F.3d 1218, 1225 (10th Cir. 2007))). Although Mr. Smith complains about the age and edited nature of the sermons available in The Final Call newspaper, he fails to demonstrate that they lack religious value or significance. Certainly, no evidence exists to assume that these regularly published sermons are selected and edited with an eye to frustrate, rather than further, the spiritual growth of the members [*44]  of the Nation of Islam.

23 (last visited Mar. 4, 2015).

24   In Shabazz, a case in which Mr. Smith was an active participant, Shabazz acknowledged that prison officials allowed him "to purchase publications [and] subscriptions to The Final Call newspaper, which carr[ies] a portion of [Minister Farrakhan's] sermons in every issue...." Shabazz, 2013 U.S. Dist. LEXIS 36317, 2013 WL 1098102, at *5 (citation omitted); S.E.C. v. Carnicle, No. 99-4233, 2000 U.S. App. LEXIS 14380, 2000 WL 796090, at *1 (10th Cir. 2000) (observing "that it is proper for court to consider records of other related proceedings in granting summary judgment" (citing #. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d 1169, 1172 (10th Cir. 1979))).

25 (last visited Mar. 6, 2015). The Final Call Online Store offers more than fifty books in hardcopy format. While portions of Minister Farrakhan's sermons are included in The Final Call newspaper, (Smith Aff. #8 ¶ 9), it does not appear that the Nation of Islam makes the full text of the sermons available in print form through The Final Call Online Store or any other known source.

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