Why Were the “More Information About HSLDA” Pages Moved?

Recently, several homeschoolers have asked why HSLDA.US was closed down. The web site contained a great deal of educational information – not available anywhere else – which enabled homeschoolers to make an informed choice about whether membership in HSLDA (Home School Legal Defense Association) would be a choice for their family.

HSLDA sent the registered owner of the domain name a letter ordering that the site be shut down because of trademark infringement (“HSLDA”) and accusations of Cybersquatting. Because the owner had graciously offered web space for the authors of HSLDA.US and because the authors believed it was improper to place that owner in legal jeopardy, the site was taken down. The authors also believe this action by HSLDA was an attempt to silence their critics and prohibit potential members from being fully informed about HSLDA. HSLDA has purchased the domain HSLDA.US.

The authors of the More Information About HSLDA pages maintain that the content of HSLDA.US was accurate to the best of our knowledge and note that Home School Legal Defense Association did not challenge the accuracy of that content.

We do not believe the use of the word-mark HSLDA is a copyright infringement for several reasons: trademark laws indicate there is a problem if you are profiting from using someone else’s ‘word-mark’. Obviously, HSLDA.US was using “HSLDA” in a non-commercial, non- profit manner and was not diverting business from HSLDA, but rather serving as an educational venue for information about Home School Legal Defense Association. Using a ‘word-mark’ is permissible in an educational manner, criticism or as an identifier of the owner of the mark, all of which HSLDA.US felt was an appropriate – and legal – use. Indeed, HSLDA gave up the use of the word-mark ‘HSLDA’ with regard to printed materials in 1990.

The intent of the Anticybersquatting Consumer Protection Act is to prevent Cyberpiracy and offer remedies to businesses and individuals who’s domain or personal names have been stolen for profit, are intentionally confusing to consumers, are used to divert business or could harm the goodwill of a trademark in addition to other provisions.

We don’t believe we committed any crime under the Anticybersquatting Act because HSLDA.US did not divert consumers from Home School Legal Defense Association. HSLDA.US had no members and did not sell any products. In fact HSLDA.US provided both a disclaimer that it was not Home School Legal Defense Association and a link to HSLDA.org.

Home School Legal Defense Association is responsible for the goodwill – or lack of it – they have cultivated within the homeschool community.

But perhaps the most important clause in the Anticybersquatting Consumer Protection Act is Sec. 3008, the Savings Clause. It clearly states, “Nothing in this title shall affect…a person’s right to free speech or expression under the first amendment of the United States Constitution”.

So, the bottom line is we took the site down out of respect for the owner of the domain name, not because the information was inaccurate, not because using the word mark “HSLDA” is prohibited and not because there was any violation of the Cybersquatting Act. We still believe we have a 1st Amendment right to speak freely about HSLDA and will continue to do so. Thanks for all the questions – it was nice to be missed <g>

oh, and by the way, drop by the new web site:


For several of the owners,



Legal Mumbo Jumbo

  • This is an educational and critical site and, as such, is protected by the 1st Amendment's right to free speech.
  • This site is neither endorsed, nor sponsored by, nor affiliated with Home School Legal Defense Association (HSLDA).
  • HSLDA and Home School Legal Defense Association are registered trademarks of Home School Legal Defense Association.