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

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 [.].

Trending Sources

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).

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. The essay first examines several current state laws that prohibit profanity under certain circumstances. David L. Hudson, Jr., Marshall L. 203 (2017). 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.,

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.

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.,

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

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). Over the past forty years, the political economy of the First

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 […].

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.

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).

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.

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.,

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 [.].

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 [.].

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 63

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

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.

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

Silbey on Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment @JSilbey

Media Law Prof Blog

Silbey, Northeastern University School of Law, has published Control over Contemporary Photography: A Tangle of Copyright, Right of Publicity, and the First Amendment at 42 Columbia Journal of Law & the Arts 351 (2019). Jessica M.

Art 52

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.

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

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 […].

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

Warner Bros. Wins First Amendment Argument in Piracy Hunt

THR, Esq. Entertainment & Media Law Blog

The studio and copyright agent Rightscorp escape a claim they abused the legal process by exploiting subpoenas. read more. THR, Esq. The Business Movies Tech Business THR Online

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. [.].

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

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.

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 [.].

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 […].

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."

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 Blues Brothers and the First Amendment

Media Law Prof Blog

What the First Amendment is all about

The Legal Satyricon

Tags: First Amendment First Amendment Bad Ass awesomeness

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

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 […].

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 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.

Public Forum Doctrine and the First Amendment

Media Law Prof Blog

Louis, School of Law, is publishing The First Amendment''s Public Forum in the William and Mary Law Review (2015). John D. Inazu, Washington University, St. Here is the abstract. The quintessential city park symbolizes a core feature of a democratic

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