The 25th Amendment

Communications And Entertainment Law Blog

Amend 52

Goldman on How Section 230 Enhances the First Amendment @ericgoldman

Media Law Prof Blog

Eric Goldman, Santa Clara University School of Law, has published How Section 230 Enhances the First Amendment in the American Constitutional Society Issue Brief (2020).

Bowman on Universities' Speech and the First Amendment @Prof_KBowman @NebLRev

Media Law Prof Blog

Bowman, Michigan State University, is publishing Universities' Speech and the First Amendment in the Nebraska Law Review (2021). Kristine L. Here is the abstract. Increasingly, scholars and students alike suggest that university leaders should engage in speech to oppose racism

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 [.].

SMU Law School Call for Applications: First Amendment Fellow @SMULawSchool

Media Law Prof Blog

Southern Methodist University School of Law has posted a call for applications for a First Amendment Fellow in its First Amendment Clinic. See here

Angelo on Krotoszynski's The Disappearing First Amendment

Media Law Prof Blog

Michael Conklin, Angelo State University, is publishing Disappearing Act: Are Free Speech Rights Decreasing? in the St. Mary's Law Journal for 2020. Here is the abstract. This is a critical analysis of Ronald J. Krotoszynski, Jr.’s s new book, The Disappearing

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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Ninth Circuit: Montana Statute Prohibiting Political Robocalls Violates First Amendment

Media Law Prof Blog

Fox, the 9th Circuit has ruled that a Montana statute prohibiting political robocalls runs afoul of the First Amendment, holding while the government may regulate the time, place, and manner of such calls, it may not In Victory Processing v.

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.

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 […].

Amend 84

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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Tushnet on the First Amendment and Trademark Registration @rtushnet

Media Law Prof Blog

Rebecca Tushnet, Georgetown University Law Center, has published The First Amendment Walks Into a Bar: Trademark Registration and Free Speech, at 92 Notre Dame L. This Article analyzes the First Amendment arguments against 381 (2016). Here is the abstract.

Applications Open For UVA Legal Fellowship, First Amendment Clinic, University of Virginia School of Law

Media Law Prof Blog

The First Amendment Clinic at the University of Virginia School of Law, in partnership with the Reporters Committee, is hiring a legal fellow for the 2020-2021 and 2021-2022 academic years.

Sunstein on Falsehoods and the First Amendment @CassSunstein

Media Law Prof Blog

Sunstein, Harvard Law School, has published Falsehoods and the First Amendment. From the standpoint of the First Amendment, does truth or falsity matter? Cass R. Here is the abstract. What is the constitutional status of falsehoods? These questions have become

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 […].

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). Here is the abstract. This Article explores a little-known chapter

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 [.].

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 Here is the abstract.

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., Here is the abstract.

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

Post and Rothman on The First Amendment and the Right(s) of Publicity @profrothman

Media Law Prof Blog

Rothman, Loyola (Los Angeles) Law School, are publishing The First Amendment and the Right(s) of Publicity in volume 130 of the Yale Law Journal (2020). Robert Post, Yale Law School, and Jennifer E. Here is the abstract. The right of

Krotoszynski on The Disappearing First Amendment (Preface and Chapter 10) @UALawSchool

Media Law Prof Blog

University of Alabama School of Law, has published The Disappearing First Amendment (Preface and Chapter 10) (Cambridge University Press, 2019). The standard account of the First Amendment posits that the U.S. Ronald J. Krotoszynski, Jr., Here is the abstract. Supreme

Press 40

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.

Judge 52

Cornell Law School's First Amendment Clinic Opens Applications for Position of Local Journalism Attorney @CornellLaw

Media Law Prof Blog

Cornell University Law School's First Amendment Clinic is accepting applications for the new position of Local Journalism Attorney. The attorney, based in New York City, will have primary responsibility for developing and managing a New York Metropolitan Area based project

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 [.].

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 […].

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., Here is the abstract.

Call For Applications, First Amendment Fellow: Sandra Day O'Connor College of Law, Arizona State University @ASUCollegeofLaw

Media Law Prof Blog

The Sandra Day O'Connor College of Law at Arizona State University is accepting applications for the Stanton First Amendment Fellow for its First Amendment Clinic. The full-time position begins August 15, 2020, for a one-year term with the possibility for

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. Unfortunately, there is

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.

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

Actor 69

What the First Amendment is all about

The Legal Satyricon

Tags: First Amendment First Amendment Bad Ass awesomeness

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 […].

Patrick File, How Journalists Make the Meaning of the 1st Amendment @JHistoryJournal @PatrickCFile

Media Law Prof Blog

From the site Journalism History, an essay by Patrick File, University of Nevada, Reno, How Journalists Make the Meaning of the First Amendment

Haupt on Sex and the First Amendment Through the Lens of Professional Speech @CEHaupt

Media Law Prof Blog

Haupt, Northeastern University School of Law; Yale University, Yale Information Society Project, is publishing Sex and the First Amendment Through the Lens of Professional Speech in volume 17 of the First Amendment Law Review (2019). Claudia E. Here is the

Information Fiduciaries and the First Amendment

Media Law Prof Blog

Balkin, Yale University Law School, is publishing Information Fiduciaries and the First Amendment in the UC Davis Law Review (vol. Jack M. 49) (2016). Here is the abstract. This article introduces the concept of an information fiduciary to explain how

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.

Hooker on Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception @MatthewPHooker

Media Law Prof Blog

Matthew Hooker, Wake Forest University School of Law, is publishing Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception in volume 15 of the Washington Journal of Law, Technology & Arts

Art 50

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 […].

Lakier on Imagining an Antisubordinating First Amendment @UChicagoLaw

Media Law Prof Blog

Genevieve, Lakier, University Lakier, University of Chicago Law School, is publishing Imagining an Antisubordinating First Amendment in volume 119 of the Columbia Law Review (2018). Here is the abstract. Over the past forty years, the political economy of the First

Technology and the First Amendment

Media Law Prof Blog

Yoo, University of Pennsylvania Law School & University of Pennsylvania Annenberg School for Communication, University of Pennsylvania School of Engineering and Applied Science, has published Technologies of Control and the Future of the First Amendment at 53 William Christopher S.

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. 1003 (2015). Here is the abstract. There are increasing

Tort 48

E-MAIL gets 4th Amendment Protection

Entertainment Law

The Sixth Circuit United States Court of Appeals, Tuesday, ruled that e-mail is legally protected by the Fourth Amendment. 4th Amendment Issues Constitutional Law Criminal Law Evidence Trial IssuesIt determined in a 3-0 vote that users still had a reasonable expectation of privacy online, that e-mail was similar to traditional communication and thus that the government still needed a search warrant to intercept and read e-mail.

Amend 48