Campbell on Speech-Facilitating Conduct

Media Law Prof Blog

Campbell, Stanford Law School, is publishing Speech-Facilitating Conduct in volume 68 of the Stanford Law Review (2016). Free speech doctrine generally protects only expression, leaving regulations of nonexpressive conduct beyond the First Amendment’s scope Wesley J.

N.Y. Attorney General Lambasts Weinstein Co.'s "Despicable" Conduct

THR, Esq. Entertainment & Media Law Blog

A lawsuit by the AG's office was filed as negotiations for a sale of TWC to an investor group led by Maria Contreras-Sweet were nearing completion. read more. THR, Esq. Movies Movies THR Online

Trending Sources

Bambauer on the Relationships Between Speech and Conduct

Media Law Prof Blog

Bambauer, University of Arizona College of Law, is publishing The Relationships between Speech and Conduct in volume 49 of the UC Davis Law Review (2016). Jane R.

Austin PD Probes Violent, Racist Conduct - The Daily Beast

Communications And Entertainment Law Blog

Austin PD Probes Violent, Racist Conduct - The Daily Beast

Update: FCC Still Conducting Nationwide EAS Test Tomorrow, September 27

Broadcast Law Blog

With no hurricane or other emergency seemingly threatening the United States tomorrow, the FEMA and the FCC announced yesterday that the Nationwide EAS test is being conducted as planned tomorrow, September 27. We wrote about that test here and here.

FCC Sets Hearing to Determine if Station License Renewal Should Be Denied For Conducting Unsafe Contest

Broadcast Law Blog

Last week, we wrote an article which received much attention, addressing the legal issues that could come up if contests are not conducted properly. Designation for hearing” means that an FCC Judge will essentially conduct a trial to determine if the contest reflected so badly on the licensee that the station’s license renewal should be denied.

Why New York's Reality TV Industry Needs a Reality-Based Code of Conduct

THR, Esq. Entertainment & Media Law Blog

Writing in a guest column, a NYC councilmember makes a plea for unscripted TV''s writer-producers. read more. The Business THR Online THR, Esq. Television Business

NBC Must Defend Conduct in 'To Catch A Predator' Lawsuit Says Judge

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner A lawsuit brought by a humiliated man suing the network for violating his privacy and inflicting emotional distress continues after a judge refuses to dismiss the case. read more. THR, Esq. Television Television NBC

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Cleveland Reaches Settlement With Justice Department Over Police Conduct - NYTimes.com

Communications And Entertainment Law Blog

"CLEVELAND — Cleveland has reached a settlement with the Justice Department over what federal authorities said was a pattern of unconstitutional policing and excessive use of force, people briefed on the case said Monday. The settlement, which could be announced as early as Tuesday, comes days after a judge declared a Cleveland police officer not guilty of manslaughter in the fatal shooting of a car’s two unarmed occupants, both of them black

Artist Resolves To Fight Disorderly Conduct Citation Based On Leaving Backpack Unattended

Media Law Prof Blog

Enrico Miguel Thomas, an artist who uses subway maps as an inspiration for his work, is fighting a summons for disorderly conduct issued because he left his backpack unattended for several minutes in Grand Central Terminal while he spent some

Canadian Writer’s Union Conducts a Little Direct Action–the Unmasked Remix

Music Technology Policy

Trademark Basics Part 4: Trademark Housekeeping 101 – Conducting a Trademark Audit

Broadcast Law Blog

Imagine discovering that an important trademark registration has lapsed only through the due diligence being conducted by a potential buyer of your station or station group. Now that we have hopefully convinced you that conducting a trademark audit is a worthwhile effort, here are five easy DIY steps that will set you in the right direction: Identify your registered marks. Last week, we discussed the benefits of federally registering your trademarks.

Just because you use words, it doesn’t mean your conduct is First Amendment protected

The Legal Satyricon

The Massachusetts Supreme Judicial Court just issued a unanimous opinion in Commonwealth v. Johnson – a case in which William and Gail Johnson found themselves on the ass-end of a prosecution after engaging in a pretty persistent course of harassment. The Johnsons were convicted under Mass. 265, § 43A: Whoever willfully and […].

FCC to Conduct Channel Sharing Webinar after Revising Rules for Post-Incentive Auction Channel Sharing

Broadcast Law Blog

A webinar to explain the new rules for TV stations that want to share 6 MHz channels after the incentive auction (so that the broadcasters sharing the channel post-auction can enjoy the financial benefit of selling one of their channels during the auction), will be held by the FCC on July 22 from 2 to 3 PM ET. Information about the webinar and a place to register can be found on the FCC website, here.

RIAA's take on Usenet.com decision: good precedent on volitional conduct, Sony-Betamax, and litigation misconduct

Copyrights & Campaigns

Translation: In order to find direct liability he had to rule that the “volitional conduct” standard set by the Second Circuit in the recent Cablevision case was satisfied. (In In Cablevision , the Second Circuit held that Cablevision was not liable for direct copyright infringement because it lacked the volitional conduct necessary to establish liability and merely acted as a “passive conduit” for delivery of copyrighted works to its users.)

Appeals Court Reverses Trial Court, Finds Anti-SLAPP Statute Applies To Reporter's Conduct

Media Law Prof Blog

In an unpublished opinion out of the 1st Circuit court of appeal (California), the court reversed the lower court. Plaintiff had sued a San Francisco newspaper and its reporter/photographer for invasion of privacy. The defendants filed an anti-SLAPP motion.

Brendan Holland Conducts Webinar for Michigan Association of Broadcasters on FCC EEO Rules

Broadcast Law Blog

EEO continues to be a hot issue for the FCC, and one that draws many fines from the Commission, both at license renewal time and in connection with the ongoing random EEO audits that the FCC conducts several times a year. On May 11, Brendan Holland presented a Webinar on the FCC's EEO Rules. Hosted by the Michigan Association of Broadcasters and shared with 28 other state broadcast associations, the seminar provided a refresher course on the Equal Employment Opportunity rules.

David Oxenford Conducts Webinar for Kansas Association of Broadcasters on FCC Political Broadcasting Rules

Broadcast Law Blog

David Oxenford today conducted a webinar for the Kansas Association of Broadcasters on the rules for political advertising. In addition to the elections for the US House of Representatives, Kansas has a race to fill a vacant US Senate seat, as well as elections for Governor and a whole host of state and local offices. With an August primary and the November general election, the 2010 election season could be a busy one in the state.

David Oxenford Conducts Webinar for Kansas Association of Broadcasters on FCC Political Broadcasting Rules

Broadcast Law Blog

David Oxenford today conducted a webinar for the Kansas Association of Broadcasters on the rules for political advertising. In addition to the elections for the US House of Representatives, Kansas has a race to fill a vacant US Senate seat, as well as elections for Governor and a whole host of state and local offices. With an August primary and the November general election, the 2010 election season could be a busy one in the state.

Buyers of Broadcast Stations Through Stock Transfer Beware – Liability for Fines of Prior Owner Can Still be Imposed After the Transfer

Broadcast Law Blog

While the FCC cancelled a fine on the licensee for reasons unrelated to the transfer of the stock (issuing an admonition instead), it went out of its way to emphasize that a new owner of the stock of a licensee company remains liable for the conduct of a predecessor controlling owner. Assignments and Transfers FCC Fines assignment of license FCC fines for conduct of prior owner sale of broadcast station transfer of control

NPR to Conduct Study of Interference Issues from Increased HD Radio Power

Broadcast Law Blog

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. As set forth in this week's NPR press release , the new study will be conducted in conjunction with other broadcasters in an attempt to arrive at a way to increase HD radio power without creating undue interference to the analog operations of existing stations.

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NPR to Conduct Study of Interference Issues from Increased HD Radio Power

Broadcast Law Blog

NPR Labs has announced that it is going to conduct a further study, financed by the Corporation for Public Broadcasting, of the potential of interference from a proposed increase in the power of HD Radio operations. As set forth in this week's NPR press release , the new study will be conducted in conjunction with other broadcasters in an attempt to arrive at a way to increase HD radio power without creating undue interference to the analog operations of existing stations.

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FCC Initiates New Round of EEO Audits - And David Oxenford Conducts EEO Webinar for Texas Association of Broadcasters

Broadcast Law Blog

I conducted a webinar on the FCC's EEO rules for the Texas Association of Broadcasters on November 30, 2010.

Freedom of the Press and Confronting Human Rights in China

JetLawBlog

The new law, known as the “Code of Conduct,&# imposes restrictions on independent reporting and proposes to create a “blacklist&# for those Chinese journalists who have been deemed to have engaged in “illegal reporting.&#

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David Oxenford Conducts Seminar for Utah Broadcasters on Political Broadcasting, FCC EEO Rules and Other Legal Issues Facing Radio and Television Broadcasters

Broadcast Law Blog

On February, 18, 2010, David Oxenford conducted a seminar for the Utah Broadcasters Association on legal issues that affect radio and television broadcasters. David then conducted a refresher course on political broadcasting issues that may arise in this election year. First, David summarized the various broadcasting legal and policy issues pending before the FCC and Congress. David's PowerPoint presentation will be available here soon.

David Oxenford Conducts Webinar for State Broadcast Associations on Legal Issues in the Digital Media World - Including a Discussion of Ephemeral Copies of Sound Recordings

Broadcast Law Blog

Dave Oxenford this week conducted a seminar on legal issues facing broadcasters in their digital media efforts. The seminar was organized by the Michigan Association of Broadcasters , and originated before a group of broadcasters in Lansing, but was webcast live to broadcasters in ten other states. Dave addressed a variety of legal issues for broadcasters in connection with their website operations and other digital media platforms.

$10,000 FCC Fine for Failure to Follow Contest Rules - On-Air Rules Were Right, But Online Rules Were Wrong

Broadcast Law Blog

Nevertheless, as the website and emails stated that the voting deadline was September 4, the Commission determined that the station contest was not conducted “substantially as announced or advertised,” and proposed to levy the fine. In this case, that was done – but because the rules were not accurate on the website, the FCC found that the contest had not been conducted as “announced or advertised.”

EEO Public File Reports Due By February 1 For Broadcasters in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma - David Oxenford Conducts Webinar to Refresh Kansas Broadcasters on Their EEO Obligations

Broadcast Law Blog

The Annual EEO Public Inspection File Report provides information about the full-time jobs filled at the station in the previous year; the sources used by the station to recruit potential employees to fill the open positions; and the additional "supplemental efforts" conducted by the station, whether or not they had any employment openings, to educate and inform their communities about broadcast employment.

Fox News Fights Claims of Defaming Bill O'Reilly's Accusers

THR, Esq. Entertainment & Media Law Blog

Fox News has filed old settlements over O'Reilly's conduct into the public record. The parties go to war over the First Amendment. read more. THR, Esq. Business Television Business THR Online

Actors Guild Urges Judge to Save Age Censorship Law to Combat Rampant Bias

THR, Esq. Entertainment & Media Law Blog

SAG-AFTRA argues in court that ages on IMDb are an "open invitation for casting directors to engage in illegally discriminatory conduct." read more. THR, Esq. Business Movies Television Culture Tech Business THR Online

California Appeals Court Revives Discrimination Lawsuit Against CNN

THR, Esq. Entertainment & Media Law Blog

Stanley Wilson, a fired Emmy Award-winning producer, convinces two out of three justices that his former employer's conduct did not arise from protected activity.

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Movie Theatre Association Doubts Government Claim That People Sit When Watching Films

THR, Esq. Entertainment & Media Law Blog

Should the Food and Drug Administration have conducted a study of moviegoer habits before proposing calorie counts for menu items like popcorn? read more. THR, Esq. Business Movies Business THR Online

Judge Allows Bill O'Reilly to Hush Up His $10M Lawsuit Against Lawyer

THR, Esq. Entertainment & Media Law Blog

One media company argued there was public interest in understanding how O'Reilly's personal conduct diverges from his public stance on family values.

Appeals Court Declines to Revive Antitrust Suit Against Big Talent Agencies

THR, Esq. Entertainment & Media Law Blog

With respect to packaging fees, the 9th Circuit sees only allegations of parallel conduct and using a lawful trade organization. read more. THR, Esq. Business Television Business THR Online

'Home Improvement' Profits Lawsuit Against Disney Revived by Appeals Court

THR, Esq. Entertainment & Media Law Blog

The 1990s TV show starring Tim Allen made more than a billion dollars, and now producers will get a chance to fight over Disney's conduct related to participation statements.

Contracts must prohibit sexual harassment in the entertainment workplace.

Gordon P. Firemark

Speaking out and denouncing the conduct is a good step, but actions speak louder than words. And, to my knowledge, these clauses were rarely invoked in cases involving sexual (mis)conduct. (at at least where heterosexual conduct was involved). It's a tragedy that the headline of this story even needed to be written. But it did. Desperately. By now, we've all heard about the truly despicable behavior of some hollywood heavyweights.

How do you Persuade Your Competitors and Colleagues to Comply with Copyrights and Contract Provisions? – Entertainment Law Asked & Answered

Gordon P. Firemark

He says: “We have a code of conduct that our members sign which asks us to speak up if we see anything illegal happening in the theatre community. VIDEO: [link]. TRANSCRIPT: How do you persuade your competitors and colleagues to comply with copyrights and contract provisions?

EU Commissioner For Justice May Suggest Regulation For Facebook, Other Social Media, To Control Hate Speech

Media Law Prof Blog

The Guardian reports that the EU Commissioner for Justice and Consumers is displeased with news of Cambridge Analytica's use of data obtained from Facebook and may propose that the EU abandon its voluntary code of conduct concerning online hate speech

Melissa Harris-Perry: Republicans distancing from party fringes on Rev. Wright - Melissa Harris Perry conducts an intelligent discussion concerning the distortion surrounding the prophetic preaching of Reverend Dr. Jeremiah Wright and Black Liberation Theology with her panel. This discussion is a must watch for those who really want to hear what Reverend Wright actually said, which anyone, who has actually read the Bible, would clearly recognize as being central to Biblical teaching.

Communications And Entertainment Law Blog

Visit msnbc.com for breaking news , world news , and news about the economy

Roman Polanski's Attorney Skewers L.A. Justice System in New Filing

THR, Esq. Entertainment & Media Law Blog

Polanski was as justified in fleeing this Court's illegal conduct as he was to flee the Germans who invaded Poland," writes Harland Braun. read more. THR, Esq. Movies Movies THR Online Roman Polanski