Adler on Art's First Amendment Status @nyulaw

Media Law Prof Blog

Amy Adler, New York University School of Law, has published Art's First Amendment Status: A Cultural History of The Masses in volume 50 of the Arizona State Law Journal (2018).

Carlos Miller – First Amendment Hero

The Legal Satyricon

awesomeness First Amendment First Amendment Bad Ass Flori-duh flunkiesIf you don’t already know who Carlos Miller is, you should. You are more free because Miller won’t let newsgathering and photography die under the wheels of a paranoid nation, shrieking with fear at imaginary terrorists, and hiring policies in police departments that seem to favor people with personality disorders that would make Eric Cartman [.].

Hudson on Anti-Profanity Laws and the First Amendment

Media Law Prof Blog

has published Anti-Profanity Laws and the First Amendment at 42 T. David L. Hudson, Jr., Marshall L. 203 (2017). Here is the abstract. The essay first examines several current state laws that prohibit profanity under certain circumstances. It then

Hudson on Justice Kennedy and the First Amendment @BelmontLaw

Media Law Prof Blog

has published Justice Kennedy and the First Amendment at 9 Houston Law Review Off the Record 49 (2019). This essay reviews some of Justice Anthony Kennedy’s most significant contributions to First Amendment David L. Hudson, Jr.,

Krotoszynski on Whistleblowing Speech and the First Amendment @IndianaLJ

Media Law Prof Blog

has published Whistleblowing Speech and the First Amendment at 93 Indiana Law Journal 267 (2018). Alexander Meiklejohn, the iconic First Amendment scholar who expounded the democratic self-government theory of the freedom of Ronald J. Krotoszynski, Jr.,

The Seventh Amendment Calculator

The Legal Satyricon

The Seventh Amendment states: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any […]. misc constitution seventh amendmentby Jay Marshall Wolman There is an interesting financial quirk in the Bill of Rights.

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First Amendment meets Second Amendment

The Legal Satyricon

Tags: First Amendment second amendment

Randazza Resoundingly Wins First Amendment Case

The Legal Satyricon

Check out the blog post to discover the details of First Amendment case where Dr. Steven Novella [Mr. Randazza’s client] was sued for sharing his opinions about controversial Alzheimer’s treatment.Filed under: defamation, ethics, First Amendment, misc. defamation ethics First Amendment miscThe latest successful case of Marc Randazza was highlighted on Pissed Consumer.

Wu on Whether the First Amendment Is Obsolete @superwuster

Media Law Prof Blog

Tim Wu, Columbia University Law School, has published Is the First Amendment Obsolete? The First Amendment was a dead letter for much of American history. as Columbia Public Law Research Paper No. 14-573. Here is the abstract.

Third Amendment Lawyers Association

The Legal Satyricon

by Jay Marshall Wolman In asking what to do with this blog, Dan suggested that we blog about the Third Amendment. Marc actually blogged about a Third Amendment case here and here. If people thought Second Amendment jurisprudence was thin (at least until DC v. Heller rolled around), Third Amendment cases are fewer and further […].

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Steinberg on Morphed Child Pornography and the First Amendment @sgsteinberg

Media Law Prof Blog

Stacey Steinberg, University of Florida College of Law, is publishing Changing Faces: Morphed Child Pornography and the First Amendment in the Emory Law Journal (2019).

District Court Finds Massachusetts Statute Prohibiting Secret Recording of Government Officials Violates First Amendment @M_Lambert4612

Media Law Prof Blog

A federal district court has ruled that the Massachusetts statute criminalizing secret recordings of non-consenting persons as it applies to public officials violates the First Amendment.

Revenge Pornography and the First Amendment

Media Law Prof Blog

Andrew Koppelman, Northwestern University School of Law, is publishing Revenge Pornography and First Amendment Exceptions in the Emory Law Journal. The Supreme Court has recently declared that speech is protected by the First Amendment unless it

Third Amendment Case in Nevada!

The Legal Satyricon

A federal lawsuit filed against the Henderson, NV police department raises Third Amendment issues! How exciting! In the case, Anthony Mitchell and his family sued the City of Henderson and its Police Chief Jutta Chambers, Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley, and City of North Las Vegas and its […].

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Franks on Feminism and the First Amendment @ma_franks

Media Law Prof Blog

Mary Anne Franks, University of Miami School of Law, is publishing Beyond 'Free Speech for the White Man': Feminism and the First Amendment in Research Handbook on Feminist Jurisprudence (Cynthia Bowman & Robin West, eds.,

New Johnny Depp Expenses Disclosed by Ex-Managers in Amended Lawsuit

THR, Esq. Entertainment & Media Law Blog

These expenditures were revealed in The Managment Group's second amended cross-complaint against the actor. read more. THR, Esq. Movies Movies THR Online

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Fourth Circuit Delivers First Amendment Ass-Kicking

The Legal Satyricon

advertising law censorship Civil Liberties First Amendment internet law law practice politics prior restraint SLAPP civil rights DeVoy This is not a Star Trek order. There are no pithy jokes here. There is, however, a shocking exposé of just how insidious the government can be in coercing silence when you speak out against outdated, incorrect, and even dangerous “conventional wisdom.” ” Cooksey v. Futrell, et al., Case No. 12-2084, 2013 WL […].

The First Amendment, Net Neutrality, and Speech

Media Law Prof Blog

Struble and Berin Michael Szoka, both of TechFreedom, have published A Conflict of Visions: How the '21st Century First Amendment' Violates Geoffrey A. Manne and Ben Sperry, both of the International Center for Law & Economics (ICLE), and Thomas W.

Haan on The Post-Truth First Amendment @shaan_haan

Media Law Prof Blog

Sarah Haan, Washington & Lee School of Law, is publishing The Post-Truth First Amendment in volume 94 of the Indiana Law Journal (2018). Here is the abstract. Post-truthism is widely understood as a political problem. In this Article, I argue

Smoking Bans and the First Amendment…free speech goes up in smoke in Colorado.

Gordon P. Firemark

The Colorado Supreme Court has dealt another blow to the First Amendment, holding that public health concerns trump the First Amendment in cases involving bans on smoking. Tags: First Amendment Theatre law Curious Theatre v. Colorado Department of Health and Public Environment The Colorado Clean Indoor Air Act (which went into effect in 2006) prohibits indoor smoking of tobacco and other products [.].

Campbell on Natural Rights and the First Amendment

Media Law Prof Blog

Jud Campbell, University of Richmond School of Law, is publishing Natural Rights and the First Amendment in the Yale Law Journal (forthcoming). The Supreme Court often claims that the First Amendment reflects an original judgment about

Carlos Miller – First Amendment Hero

The Legal Satyricon

awesomeness First Amendment First Amendment Bad Ass Flori-duh flunkiesIf you don’t already know who Carlos Miller is, you should. You are more free because Miller won’t let newsgathering and photography die under the wheels of a paranoid nation, shrieking with fear at imaginary terrorists, and hiring policies in police departments that seem to favor people with personality disorders that would make Eric Cartman [.].

Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change

New Media and Technology Law

district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have received sufficient notice of the amendment. eBay may “amend this Agreement at any time by posting the amended terms on our site”). Contracts Online Commerce amendment arbitration clause later-amended terms user agreementA D.C.

The First Amendment and Tort Law

Media Law Prof Blog

Christie, Duke University School of Law, has published The Uneasy and Often Unhelpful Interaction of Tort Law and Constitutional Law in First Amendment Litigation at 98 Marquette L. George C.

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Balkin on The First Amendment in the Second Gilded Age @jackbalkin

Media Law Prof Blog

Balkin, Yale Law School, is publishing The First Amendment in the Second Gilded Age in the Buffalo Law Review, 2019 (Forthcoming). Jack M. Here is the abstract. How do we pay for the digital public sphere? In the Second Gilded

Pen American Center Files Lawsuit Against Trump For Violation of First Amendment Protections

Media Law Prof Blog

PENAmerica is suing Donald Trump over certain acts that he has taken as President and comments that he has made while in office that PEN alleges that have "violated the First Amendment and his oath to uphold the Constitution."

Leakers, Leakees, and the First Amendment

Media Law Prof Blog

Moore, Brooklyn Law School, has published In the Same Boat: Leaks, the Press, and the First Amendment at 18 Holy Cross journal of Law and Public Policy 137 (2014). John D.

Third Amendment Claim Rejected in D. Nevada

The Legal Satyricon

A long time back, I wrote about a Third Amendment claim in Nevada. source) A few weeks ago, Judge Gordon rejected the plaintiff’s Third Amendment claim. source)Filed under: misc.

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Rappers and the First Amendment

Media Law Prof Blog

Eugene Volokh (Washington Post) and Eric Zorn (Chicago Tribune) on the police shutdown of Chief Keef's holographic performance at CrazeFest on July 25 in Hammond, Indiana. Police and Hammond's mayor may have feared craze-y-ness should Chief Keef appear, given his

Collins on the First Amendment and Certainty @UWSchoolofLaw ?

Media Law Prof Blog

Collins, University of Washington School of Law, is publishing 'And Yet it Moves' — The First Amendment & Certainty in volume 45 of the Hastings Constitutional Law Quarterly (2017). Ronald K.

Abu El-Haj on Liberty and the First Amendment @DrexelLaw

Media Law Prof Blog

Tabatha Abu El-Haj, Drexel School of Law, is publishing 'Live Free or Die'—Liberty and the First Amendment in the Ohio State Law Journal. Here is the abstract. In recent years, the Roberts Court has significantly elevated the level of protection

Randazza’s Client Andrew Anglin and the First Amendment

The Legal Satyricon

Marc Randazza represents Andrew Anglin, a neo-Nazi who runs the Daily Stormer, in a First Amendment case. It started as a small-town dispute between the plaintiff Tanya Gersh and a few other residents of Whitefish, Montana. Gersh accuses Anglin of using his online platform to encourage his readers to launch an avalanche of hate and […].

No First Amendment Right to Military Insubordination

The Legal Satyricon

In reaction to being reprimanded, he claimed that he had a right to express his sincerely held religious opinion under the Religious Freedom Restoration Act and under the First Amendment. In Wayne v. James, a Mormon airman flipped out that there were gay weddings at West Point’s chapel. Both arguments failed. RFRA provides that the […].

Gora on The Roberts Court and the First Amendment @brooklynlaw

Media Law Prof Blog

Gora, Brooklyn Law School, has published Free Speech Matters: The Roberts Court and the First Amendment at 25 Brooklyn Journal of Law and Policy 63 (2016). Joel M.

Dr. Laura, Bible Spice, and the First Amendment

The Legal Satyricon

Yesterday’s post about Dr. Laura was not a First Amendment post. However, I got a persuasive email from a friend who all but demanded that I address the First Amendment “issue&# in the story. Tags: First Amendment imbeciles It was a post about a cultural issue, not a legal issue. I just wanted to ignore Dr. Laura’s claim that [.].

A New Book On Law, Film, and the First Amendment

Media Law Prof Blog

Forthcoming from the University of Texas Press: Jeremy Geltzer's Dirty Words & Filthy Pictures: Film and the First Amendment (2015). Here is a description of the content from the publisher's website. From the earliest days of cinema, scandalous films such

Does the First Amendment Protect Citizen Journalists Who Film Police?

Media Law Prof Blog

Does the First Amendment protect a citizen's right to film police officers while they perform their duties? The Supreme Court hasn't ruled, but some lower courts have. See Gericke v. Weare (1st Circuit) and Glik v. Cunliffe (1st Circuit), Smith

The Blues Brothers and the First Amendment

Media Law Prof Blog

Changing Traditions In First Amendment Jurisprudence

Media Law Prof Blog

Heyman, Illinois Institute of Technology Chicago-Kent College of Law, is publishing The Conservative-Libertarian Turn in First Amendment Jurisprudence in volume 117 of the West Virginia Law Review (2014). Steven J.

First Amendment trumps Equal Opportunity Employment

The Legal Satyricon

EEOC issued a unanimous ruling on the First Amendment. church and state discrimination employment law First AmendmentToday, the Supreme Court in Hosanna-Tabor Church v. While this blog regularly celebrates the Freedom of Speech clause, the decision focuses primarily on the Free Exercise Clause and, to a lesser extent, the Establishment Clause. In a nutshell: Church had 2 types of teacher–lay and ministerial. [.].

Aviel on Rule 8.4(g) and the First Amendment: Distinguishing Between Discrimination and Free Speech @SturmCOL

Media Law Prof Blog

g) and the First Amendment: Distinguishing between Discrimination and Free Speech in volume 31 of the Georgetown Journal of Legal Ethics (2018). Rebecca Aviel, University of Denver College of Law, is publishing Rule 8.4(g)

Aretha Franklin Judge Shows No R.E.S.P.E.C.T. for First Amendment (Analysis)

THR, Esq. Entertainment & Media Law Blog

Why a decision to block a film at the Telluride Film Festival marks a disturbing precedent. read more. THR, Esq. The Business Movies Music Business THR Online

Florida First Amendment Counsel Needed (Pro Bono)

The Legal Satyricon

I received an inquiry from a party who needs First Amendment counsel in Florida. I have a conflict, so I can’t do it. It is pro bono or perhaps super-duper low bono. It will be fun. Contact me at mjr at randazza dot com for details if you are interested and licensed in Florida. Filed […].