Wu on Whether the First Amendment Is Obsolete @superwuster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.

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 [.].

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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.

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

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 […].

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

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.

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 […].

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.

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.

How First Amendment Battles Are Shaping Up in the Social Media Age

THR, Esq. Entertainment & Media Law Blog

As technology outpaces the laws that seek to govern its use, questions are being raised about who can control the flow of information and how, exactly, the freedoms of speech and petition come into play. read more. THR, Esq. Tech Tech THR Online

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 [.].

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

Magarian on Managed Speech: The Roberts Court's First Amendment

Media Law Prof Blog

Louis, School of Law, is publishing Managed Speech: The Roberts Court's First Amendment (Oxford University Press, forthcoming). In Managed Speech: The Roberts Court’s First Gregory P. Magarian, Washington University, St.

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.

Tort 52

Kaminski on Authorship: Disrupted: AI Authors in Copyright and First Amendment Law @MargotKaminski

Media Law Prof Blog

Kaminski, University of Colorado Law School; Yale University Information Society Project; Yale University Law School; University of Colorado, Boulder, Silicon Flatirons Center for Law, Technology, and Entrepreneurship, is publishing Authorship, Disrupted: AI Authors in Copyright and First Amendment

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

Olivia de Havilland Says Her 'Feud' Portrayal is Not Protected by the First Amendment

THR, Esq. Entertainment & Media Law Blog

The acress takes issue with her fictional self's gossip mongering. read more. THR, Esq. Television Television THR Online

Movie Ratings Are Not Protected By First Amendment, Court Told

THR, Esq. Entertainment & Media Law Blog

Plaintiffs defend a lawsuit seeking an injunction where no films featuring tobacco imagery can be given "G," "PG" or "PG-13" ratings. read more. THR, Esq. The Business Movies Business THR Online

Conrad on Matal v. Tam: A Victory for the Slants, a Touchdown for the Redskins, But an Ambigious Journey for the First Amendment and Trademark Law @Sportslaw1

Media Law Prof Blog

Tam — A Victory for the Slants, A Touchdown for the Redskins, But an Ambiguous Journey for the First Amendment and Trademark Law in the Cardozo Arts and Mark A. Conrad, Fordham University School of Business, is publishing Matal v.

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$10 Billion Racial Discrimination Lawsuit Against Charter Survives First Amendment Scrutiny

THR, Esq. Entertainment & Media Law Blog

Byron Allen moves forward in claiming that the cable giant allows racial prejudices to get in the way of licensing African-American owned channels. read more. THR, Esq. The Business Television Business THR Online

Gregory P. Magarian, Managed Speech: The Roberts Court's First Amendment (OUP, 2017) @WashULaw

Media Law Prof Blog

Louis, has published Managed Speech: The Roberts Court's First Amendment (Oxford University Press). Gregory P. Magarian, Washington University, St. Here is a description of the book's contents from the publisher's website. Our constitutional freedom to speak out against government and

Trump's First-Amendment Nemesis Explains How He'll Defend Any Defamation Lawsuits (Q&A)

THR, Esq. Entertainment & Media Law Blog

Noted litigator Ted Boutrous is willing to represent news outlets and sexual assault accusers for free if the president-elect follows through on his legal threats. read more. THR, Esq. Culture Culture THR Online Donald Trump Politics

Post on The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University @YaleLawSch

Media Law Prof Blog

Robert Post, Yale Law School, has published The Classic First Amendment Tradition Under Stress: Freedom of Speech and the University. Here is the abstract. This forthcoming chapter in a book to be edited by Lee Bollinger and Geoffrey Stone scrutinizes

Virtue, Freedom, and the First Amendment

Media Law Prof Blog

John's University School of Law, is publishing Virtue, Freedom, and the First Amendment in the Notre Dame Law Review. The modern First Amendment embodies the idea of freedom as a fundamental good Marc O. DeGirolami, St. Here is the abstract.

The First Amendment and the Lanham Act

Media Law Prof Blog

Kristian Stout is publishing Terrifying Trademarks and a Scandalous Disregard for the First Amendment: §2(A)''s Unconstitutional Prohibition on Scandalous, Immoral, and Disparaging Trademarks in the Albany Law Journal of Science and Technology.

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. [.].

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.

Rock Band Wins First Amendment Appeal Over "Disparaging" Trademarks

THR, Esq. Entertainment & Media Law Blog

The Federal Circuit gives victory to The Slants. read more. THR, Esq. The Business Television Music Business THR Online

Sofia Vergara's Ex Claims She's Interfering With First Amendment Rights on Embryos

THR, Esq. Entertainment & Media Law Blog

Nick Loeb continues his pursuit of taking custody of “Emma” and “Isabella” by looking to strike a contract and fraud lawsuit from the 'Modern Family' star. read more. THR, Esq. Culture Television Culture THR Online

Rambo on When the First Amendment Should Protect Judges From Their Unethical Speech @TAMULawSchool

Media Law Prof Blog

Rambo, Texas A&M University School of Law, is publishing When Should the First Amendment Protect Judges from Their Unethical Speech? Lynne H. in the Ohio State Law Journal. Here is the abstract. Judges harm the judicial institution when they engage

Redish and Fisher on Terrorizing Advocacy and the First Amendment @NorthwesternLaw

Media Law Prof Blog

Redish, Northwestern University School of Law, and Matthew Fisher, Northwestern University School of Law (Students), are publishing Terrorizing Advocacy and the First Amendment: Free Expression and the Fallacy of Mutual Exclusivity in the Fordham Law Review. Martin H.

What the First Amendment is all about

The Legal Satyricon

Tags: First Amendment First Amendment Bad Ass awesomeness

Amar and Brownstein on the First Amendment Academic Freedom Rights of Public College Students and Faculty

Media Law Prof Blog

Brownstein, University of California, Davis, College of Law, are publishing A Close-Up, Modern Look at First Amendment Academic Freedom Rights of Public College Students and Faculty in volume Vikram D. Amar, University of Illinois College of Law, and Alan E.

MLK’s First Amendment Legacy

The Legal Satyricon

If I were to write about Martin Luther King, Jr.’s s contribution to civil rights, I think I would be wasting my time. Far more qualified views are out there, especially today. However, I feel like it is worth mentioning that he had a part in a profound change in favor of Civil Liberties as well. […].

Kessler on the Early Years of First Amendment Lochnerism

Media Law Prof Blog

Kessler, Columbia University, is publishing The Early Years of First Amendment Lochnerism in the Columbia Law Review. Jeremy K. Here is the abstract. From Citizens United to Hobby Lobby, civil libertarian challenges to the regulation of economic activity are increasingly

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

SiriusXM Says First Amendment Protects Decision Not to Air Ads for Escort Sites

THR, Esq. Entertainment & Media Law Blog

InfoStream, which has gotten attention for WhatsYourPrice.com, contends that the satellite radio giant has been applying "uneven" protocol on what advertisements are acceptable. read more. THR, Esq. Business Television Music Business THR Online

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.

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 […].