Wiener on Constitutional Legitimacy of Media Law and Policy in the 21st Century @AsafWien

Media Law Prof Blog

Asaf Wiener, Tel Aviv Faculty of Law, has published Constitutional Legitimacy of Media Law and Policy in the 21st Century: Bridging the Ideological Divide of Free Speech Jurisprudence.

Norton on Remedies and the Government's Constitutionally Harmful Speech

Media Law Prof Blog

Norton, University of Colorado School of Law, is publishing Remedies and the Government's Constitutionally Harmful Speech in ConLawNOW (2018). Helen L. Here is the abstract. Although governments have engaged in expression from their inception, only recently have we begun to

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Austin on Communications Intermediaries and Constitutional Constraints

Media Law Prof Blog

Austin, University of Toronto Faculty of Law, is publishing Technological Tattletales and Constitutional Black Holes: Communications Intermediaries and Constitutional Constraints in Theoretical Inquiries in Law. Lisa M.

Let Us Constitute Together

Media Law Prof Blog

Google has launched the Constitute Project (not to be confused with the Constitution Project). Units at the University of Texas, the University College, London, the National Science Foundation, the Cline Center for Democracy, and the University of Chicago helped develop. Food and Drin

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

New Media and Technology Law

In a preliminary decision, a district court held that the plaintiffs have standing and allowed their as-applied constitutional challenge to the CFAA to go forward with regard to the activity of creating fictitious accounts on web services for research purposes. Employing a bot to crawl a website or apply for jobs may run afoul of a website’s ToS, but it does not constitute an access violation when the human who creates the bot is otherwise allowed to read and interact with that site.

Judge Rules Milwaukee Flouted U.S. Constitution in Response to 'Pokemon Go' Craze

THR, Esq. Entertainment & Media Law Blog

The city didn't like the prospect of rare flora being trampled by game players. A federal judge warns of censorship. read more. THR, Esq. Business Tech Business THR Online

Graber on Bottom-Up Constitutionalism: The Case of Net Neutrality

Media Law Prof Blog

Graber, University of Zurich, Faculty of Law, has published Bottom-Up Constitutionalism: The Case of Net Neutrality at 7 Transnational Legal Theory 524 (2017). Christoph B.

Schuster on Public Choice Theory, the Constitution, and Public Understanding of the Copyright System @Prof_Schuster

Media Law Prof Blog

Michael Schuster II, Oklahoma State University, is publishing Public Choice Theory, the Constitution, and Public Understanding of the Copyright System in the UC Davis Law Review. Constitution commands that copyright laws must benefit Here is the abstract. The U.S.

Stone on Canadian Constitutional Law of Freedom of Expression @stone_adrienne

Media Law Prof Blog

Adrienne Stone, Melbourne Law School, is publishing Canadian Constitutional Law of Freedom of Expression in Canada in the World: Comparative Perspective on the Canadian Constitution (R.

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@TerrenceHart: Does the ACCESS to Recordings Act violate the Constitution’s Takings Clause? — Artist Rights Watch

Music Technology Policy

Unlike the CLASSICS Act and the approach recommended by the Copyright Office, the ACCESS to Recordings Act falls far short of Constitutional requirements and would likely open the federal government up to liability for takings claims. via @TerrenceHart: Does the ACCESS to Recordings Act violate the Constitution’s Takings Clause? “I do believe that the intellectual property that you create is just that.

Adjusting Constitutional Interpretation To New Technologies

Media Law Prof Blog

Yoo, University of Pennsylvania Law School, have published New Technologies and Constitutional Law at Routledge Handbook of Constitutional Law 485 (Mark Tushnet, Thomas Fleiner, and

Zick on The Dynamic Free Speech Clause: Free Speech and Its Relation To Other Constitutional Rights @WMLawSchool

Media Law Prof Blog

Timothy Zick, William & Mary Law School, has published Introduction to The Dynamic Free Speech Clause: Free Speech and Its Relation to Other Constitutional Rights (Oxford Univ.

The Constitution and the Regulation of the Internet

Media Law Prof Blog

Courts and the Constitutional Regulation of the Internet in Internet Law, Fundamental Rights, and Constitutional Adjudication (Graziella Romeo & Oreste Pollicino eds., Molly K. Land, University of Connecticut School of Law, has published A Human Rights Perspective on U.S.

MALCOLM X ON THE CONSTITUTION

Communications And Entertainment Law Blog

The Constitution? There’s a New App for That

Media Law

Talk about a living Constitution — here’s one the framers never saw coming. government is marking Constitution Day by launching an official annotated Constitution app that will provide legal analysis and interpretation directly on your iPhone or iPad. The app is a companion […] The post The Constitution? Today, the U.S.

Listening To Others: The Constitutional Basis of Corporate Speech

Media Law Prof Blog

Thomas Wuil Joo, University of California, Davis, Law School, has published Corporate Speech and the Rights of Others at 30 Constitutional Commentary 335 (2015).

U.S. Justice Department Defends Copyright Anti-Hacking Law as "Unquestionably Constitutional"

THR, Esq. Entertainment & Media Law Blog

The government responds to a lawsuit that looks to enjoin prosecutions of those who circumvent access controls on films, songs and other copyrighted material. read more. THR, Esq. The Business Tech Business THR Online

Constitutional Crisis in Slow Motion - The New York Times

Communications And Entertainment Law Blog

Constitutional Crisis in Slow Motion - The New York Times "Donald Trump will destroy this entire country — its institutions and its safeguards, the rule of law and the customs of civility, the concept of truth and the inviolable nature of valor — to protect his own skin.

Balancing Free Speech With Other Constitutional Values

Media Law Prof Blog

Alexander Tsesis, Loyola University (Chicago) School of Law, is publishing Balancing Free Speech in volume 96 of the Boston University Law Review (2015). Here is the abstract. This article develops a theory for balancing free speech against other express and

Trump risks violating Constitution with foreign business | MSNBC

Communications And Entertainment Law Blog

Trump risks violating Constitution with foreign business | MSNBC

The History and Purpose of The U.S Constitution's Second Amendment

Communications And Entertainment Law Blog

The Constitution of the United States was adopted as an agreement between thirteen sovereign States to form a federal government. The first ten amendments to the Constitution were adopted on 12/15/1791, after being passed by Congress and ratified by a two-thirds majority of the States. The plaintiff in Heller challenged the constitutionality of the Washington D.C.

Amazon argues Constitution protects your chats with Alexa - CNET

Communications And Entertainment Law Blog

Such interactions may constitute expressive content that implicates privacy concerns and First Amendment protections," the company's lawyers wrote in a court filing Friday. Amazon argues Constitution protects your chats with Alexa - CNET

CONSTITUTIONALLY PROTECTED INK?

KWIKA Entertainment Law Blog

The Ninth Circuit Court of Appeals recently heard arguments in a case brought by a tattoo artist against the City of Hermosa Beach (a Los Angeles beach community) claiming that the City’s ban on tattoo parlors violated his free speech rights under the First Amendment. The artist, Johnny Anderson, asserts that his tattoos are visual [.].

Landrigan on the Constitutional Protection of Protests Outside Australian Abortion Clinics

Media Law Prof Blog

Mitchell Landrigan, University of Technology Sydney, is publishing Protests Outside Abortion Clinics Constitutionally Protected Speech? in volume 41 of the Alternative Law Journal (2016). Here is the abstract. This article focuses on whether, by banning anti-abortion protests in safe access

Gelber and Stone on Constitutions, Gender, and Freedom of Expression: The Legal Regulation of Pornography @KGelber @stone_adrienne

Media Law Prof Blog

Katharine Gelber, University of Queensland, and Adrienne Stone, Melbourne Law School, are publishing Constitutions, Gender and Freedom of Expression: The Legal Regulation of Pornography, in Research Handbook on Gender and Constitution (Helen Irving and Ruth Rubio-Marin, eds.)

Geller and Stone on Constitutions, Gender, and Freedom of Expression: The Legal Regulation of Pornography @stone_adrienne

Media Law Prof Blog

Katharine Geller, University of Queensland, and Adrienne Stone, Melbourne Law School, are publishing Constitutions, Gender and Freedom of Expression: The Legal Regulation of Pornography, in Research Handbook on Gender and Constitution (Helen Irving and Ruth Rubio-Marin, eds.)

DUI laws and the Constitution

The Legal Satyricon

by Charles Platt Florida has joined the growing list of states that are raising revenue by stopping drivers at random (not with probable cause) and forcing everyone to be breathalyzed–on the understanding that if anyone refuses, a judge on-site will issue a warrant authorizing the cops to take a blood sample by force, if necessary. [.]. Flori-duh off topic

Strasser on Incitement, Threats, and Constitutional Guarantees: First Amendment Protections Pre- and Post-Elonis

Media Law Prof Blog

Mark Strasser, Capital University Law School, has published Incitement, Threats, and Constitutional Guarantees: First Amendment Protections Pre- and Post-Elonis at 14 University of New Hampshire Law Review 163 (2016).

“Arrogance at its Worst: The Constitutional Fallacy Underlying the DOJ 100% Licensing Decision

Music Technology Policy

By Chris Castle.

Data Privacy Law and the Constitution

Media Law Prof Blog

Louis, School of Law, is publishing Why Data Privacy Law Is (Mostly) Constitutional, in the forthcoming Neil M. Neil M. Richards, Washington University, St. Richards, Intellectual Privacy (Oxford University Press, 2014). Here is the abstract. This essay argues that privacy

Donald Trump's Indifference to the Constitution - The Atlantic

Communications And Entertainment Law Blog

That would constitute an abuse of power. Under the Constitution, presidents don’t decide who goes to jail. Donald Trump's Indifference to the Constitution - The Atlantic

Is Anything Worn By Katy Perry Protected by the U.S. Constitution?

THR, Esq. Entertainment & Media Law Blog

A high-end Italian apparel brand responds to a lawsuit alleging that a famous street artist's work was ripped off for the singer's Met Gala dress. read more. THR, Esq. Music Music Style Business THR Online

Freedom of Speech, Search Engines, and the Indian Constitution

Media Law Prof Blog

Ujwala Uppaluri, The West Bengal National University of Juridical Sciences, has published Freedom of Speech & Google Search: Preliminary Notes for India. Here is the abstract. This Working Paper introduces the issues that search engines raise under Article 19(1)(a) of

The Constitution on Skid Row - NYTimes.com

Communications And Entertainment Law Blog

The Constitution on Skid Row - NYTimes.com

Alan Dershowitz Warns Of ‘Major Constitutional Crisis’ In FBI Shakeup |.

Communications And Entertainment Law Blog

Cory Booker SCHOOLS Gorsuch, Republicans On The Constitution

Communications And Entertainment Law Blog

MHP: Obstacles to equality enshrined in state constitutions | MSNBC

Communications And Entertainment Law Blog

MHP: Obstacles to equality enshrined in state constitutions | MSNBC

Donald Trump Claims U.S. Constitution Bars 'Apprentice' Star's Defamation Suit While in Office | Hollywood Reporter

Communications And Entertainment Law Blog

In all events, the question whether a specific case should receive exceptional treatment is more appropriately the subject of the exercise of judicial discretion than an interpretation of the Constitution.'" (Via.).

The Constitutionality of False Statements of Fact

Media Law Prof Blog

Mark Tushnet, Harvard Law School, has published 'Telling Me Lies': The Constitutionality of Regulating False Statements of Fact as Harvard Public Law Working Paper No. Using recent decisions dealing with the constitutionality of the Stolen 11-02. Here is the abstract.

Child Porn Statutes, Legal Sexual Activity, and the Constitution

Media Law Prof Blog

Jon Still has published his Comment, Old Enough to Have Sex, but Too Young to Film It: Are Prosecutors Violating Constitutional Rights by Prosecuting Legal Sexual Activity under Child Pornography Statutes? Are prosecutors violating individuals’ constitutional Here is the abstract.