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). This Issue Brief explores how Section 230 interacts with the First

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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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.

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

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.

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.

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.

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 […].

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.,

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.

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.

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

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

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.,

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 [.].

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. The expected start date is August 17, 2020. This is

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 65

Duke University School of Law Now Accepting Applications For Director of First Amendment Clinic

Media Law Prof Blog

Duke University School of Law is accepting applications for a director for its First Amendment Clinic. The new director will work with the clinic’s supervising attorney to build on the clinic’s existing work with the goal of being among the

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

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

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).

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. It then

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.,

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.

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

Call for Proposals from Senior Vising Research Scholars: Knight First Amendment Institute @knightcolumbia

Media Law Prof Blog

From the Knight First Amendment Institute at Columbia University The Knight Institute welcomes proposals on a rolling basis from scholars interested in collaborating with the Institute on substantial projects relating to the Institute’s mandate.

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 […].

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 [.].

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.

What the First Amendment is all about

The Legal Satyricon

Tags: First Amendment First Amendment Bad Ass awesomeness

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

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 […].

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

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.

First Amendment meets Second Amendment

The Legal Satyricon

Tags: First Amendment second 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

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

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 […].

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.

Classified Information, Leakers, and the First Amendment

Media Law Prof Blog

Heidi Kitrosser, University of Minnesota, Twin Cities, School of Law, has published Leak Prosecutions and the First Amendment: New Developments and a Closer Look at the Feasibility of Protecting Leakers at 56 William & Mary Law Review 1221 (2015).

Corporate Speech and the First Amendment

Media Law Prof Blog

Coates, IV, Harvard Law School, has published Corporate Speech and the First Amendment: History, Data, and Implications. John C. Here is the abstract. This Article draws on empirical analysis, history, and economic theory to show that corporations have begun to

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.

Abraham and White on First Amendment Imperialism and the Constitutionalization of Tort Liability @UVALaw

Media Law Prof Blog

Edward White, both of the University of Virginia School of Law, are publishing First Amendment Imperialism and the Constitutionalization of Tort Liability in the Texas Law Review. Kenneth S. Abraham and G. Here is the abstract. To what extent does