Univision Loses Free Speech Argument Over Jenni Rivera Secrets

THR, Esq. Entertainment & Media Law Blog

A judge rules that a biopic about the late singer wasn't "routine investigative reporting," so the Spanish network must face a lawsuit for interfering with a nondisclosure agreement. read more. THR, Esq. Business Television Music Business THR Online

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Court of Appeals Rules that Prohibition Against Federal Registration of Disparaging Trademarks is Unconstitutional Restriction of Free Speech

Broadcast Law Blog

He writes about a case where the Court determined that trademark rule that has lead to the denial or rejection of trademarks deemed ot be disparaging was ruled to be an unconstitutional infringement on Free Speech. Three members of the court agreed that the bar to registering Mr. Tam’s mark was unconstitutional as applied to him, because he was engaging in political speech, which is at the heart of the First Amendment.

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Donald Trump's Media Threats Are Why a Free Speech Protection Law Is Needed

THR, Esq. Entertainment & Media Law Blog

A message to the U.S. Congress: Pass a federal anti-SLAPP statute. read more. THR, Esq. Culture Television Culture Business THR Online Donald Trump Politics

Facebook Wins Big Free Speech Ruling in Fight With Musician

THR, Esq. Entertainment & Media Law Blog

A country rap artist claimed the page Families Against Mikel Knight incited violence and generated death threats against him. read more. THR, Esq. Tech Tech THR Online

Pirate Bay Co-Founders Can't Overturn Conviction on Free Speech Grounds

THR, Esq. Entertainment & Media Law Blog

The European Court of Human Rights rules that Swedish authorities were within their powers to place greater weight on intellectual property rights. read more. The Business Movies THR, Esq. Tech Business

California Court Enjoins Canadian Court’s Global De-listing Order to Google as Contrary to CDA

New Media and Technology Law

230(c)(1) (the “CDA” or “Section 230”) as a service provider that linked to third-party content, and that the Canadian court’s order implicated online free speech concerns. As to irreparable harm, the court determined that Google is harmed because the Canadian order restricts online free speech and e-commerce activity that Section 230 protects, and, on the whole, the balance of equities favored Google because the injunction would deprive it of the benefits of U.S.

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Google Convinces U.S. Court That Canadian Ruling Threatens Free Speech Globally

THR, Esq. Entertainment & Media Law Blog

The tech giant gets injunctive relief in the latest round of the Equustek dispute, but does the latest ruling mean anything? read more. THR, Esq. Business Tech Business THR Online

Justice Kennedy's Free Speech Jurisprudence

Media Law Prof Blog

Ashutosh Avinash Bhagwat, University of California, Davis, School of Law, and Matthew Struhar are publishing Justice Kennedy's Free Speech Jurisprudence: A Quantitative and Qualitative Analysis in the In the almost twenty-five years that Justice Anthony M.

Flashing your headlights to warn other motorists of a speed trap = free speech

The Legal Satyricon

A judge in Seminole County, Florida (of all places) ruled that when a motorist flashes his lights at other motorists to warn them of an upcoming speed trap, he is engaging in First Amendment protected speech. source). Filed under: misc.

Media Companies Just Got More Bad News in Gawker Bankruptcy

THR, Esq. Entertainment & Media Law Blog

A New York judge decides that California's free speech statute conflicts with federal rules. read more. THR, Esq. Business Movies Tech Business THR Online

Protecting False Reputations and Valuing Free Speech

Media Law Prof Blog

John A. Humbach, Pace University School of Law, has published Privacy Rights: The Virtue of Protecting a False Reputation. Here is the abstract. What is the virtue of protecting a false reputation? The thesis of this paper is that there

ABC Looks to Kill 'Pink Slime' Lawsuit, Saying It's a Threat to Free Speech

THR, Esq. Entertainment & Media Law Blog

Network lawyers are bringing a motion to dismiss, warning a judge that the 257-page pleading by a South Dakota-based boneless-lean-beef giant is filled with a slime against the First Amendment. read more. The Business THR, Esq. Television ABC Diane Sawyer ABC News Business

Free Speech and Discrimination Redux

The Legal Satyricon

by Jay Marshall Wolman Last week, I wrote about a potential implication from In re: Tam, based upon the hypothetical from a dissenting judge about a business calling itself “Spics Not Welcome” There is a significant tension in the law between freedom of speech, which includes the right to offend, and anti-discrimination laws.

Donald Trump: Free Speech Symbol or Libel Hound? (Analysis)

THR, Esq. Entertainment & Media Law Blog

Amid professed plans to derail President Obama's bid for reelection, the real estate mogul and reality star is threatening the BBC over airing unflattering doc "You've Been Trumped" earlier this week. read more. Movies THR, Esq. Television Business

Marmor on Two Rights of Free Speech: The Right to Speak and the Right to Hear

Media Law Prof Blog

Andrei Marmor, Cornell University Law School, has published Two Rights of Free Speech as Cornell Legal Studies Research Paper No. Here is the abstract. My main argument in this paper is that the right to freedom of expression is

Public Employees and Free Speech

Media Law Prof Blog

Kozel, Notre Dame Law School, has published Free Speech and Parity: A Theory of Public Employee Rights in volume 53 of the William & Mary Law Review (2012). Randy J. Here is the abstract. More than four decades have passed

A Slanted View of Trademarks and Free Speech

The Legal Satyricon

by Jay Marshall Wolman Free speech and the Lanham Act (the federal law dealing with trademarks) has been a hot topic of late. There are two high profile matters in separate courts of appeals challenging the constitutionality of Section 2(a), which prohibits the registration of disparaging marks. In the Federal Circuit is the matter In […]. trademark First Amendment

Q&A: 'Crude' director Joe Berlinger on his epic battle with Chevron

THR, Esq. Entertainment & Media Law Blog

Tags: Current Affairs Free Speech Litigation Media

Charlie Crist blames consultants for campaign ad lawsuit

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Free Speech Litigation Music

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Marc Randazza: The Legal Battle Over Andrew Anglin Continues

The Legal Satyricon

Civil Liberties cybersquatting First Amendment internet jurisdiction internet law law practice misc right of publicity cyberstalking free speech internetAn article about one of Marc Randazza’s most controversial and groundbreaking cases – a case involving the founder of a Neo-Nazi website Andrew Anglin – was published in the December issue of the Atlantic magazine.

'South Park' censors mentions of Prophet Muhammed

THR, Esq. Entertainment & Media Law Blog

After the 200th episode of the show aired, showing the prophet Muhammed in a bear suit, Tags: Free Speech Standards and Practices Television Weblogs By Eriq Gardner Comedy Central has reacted with extreme caution to an implicit death threat against "South Park" creators Matt Stone and Trey Parker.

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Free Speech, National Security, and Terrorism

Media Law Prof Blog

Smith, George Washington University School of Law, has published Protecting Citizens and Their Speech: Balancing National Security and Free Speech When Prosecuting the Material Support of Terrorism. Brandon J. Here is the abstract. Federal law criminalizes a variety of terrorist

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Flashing your headlights to warn other motorists of a speed trap = free speech

The Legal Satyricon

A judge in Seminole County, Florida (of all places) ruled that when a motorist flashes his lights at other motorists to warn them of an upcoming speed trap, he is engaging in First Amendment protected speech. source). Filed under: misc.

Copyright claim based on taping fashion show

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Free Speech Litigation Media Television

John McCain settles Jackson Browne lawsuit, apologizes for use of song

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Dealmaking Fair Use Free Speech Government Litigation Right of Publicity

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Courtney Love responds to twitter defamation claim

THR, Esq. Entertainment & Media Law Blog

Tags: Celebrity Defamation Free Speech Twitter

California Law Punishing Paparazzi for High-Speed Celebrity Chases Is Upheld

THR, Esq. Entertainment & Media Law Blog

Appeals court rules that it doesn't impinge free speech or press rights under First Amendment. read more. THR, Esq. The Business Music Culture THR Online Justin Bieber

Schauer on Free Speech, the Search For Truth, and the Problem of Collective Knowledge @UVALaw

Media Law Prof Blog

Frederick Schauer, University of Virginia School of Law, has published Free Speech, the Search for Truth, and the Problem of Collective Knowledge 70 SMU Law Review 231 (2017).

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Kendrick on Free Speech as a Special Right @lckendrick

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, has published Free Speech as a Special Right at 45 Philosophy and Public Affairs 87 (2017). Many theorists treat free speech as a special right.

Coenen on Free Speech and Generally Applicable Laws: A New Doctrinal Synthesis @UGASchoolofLaw

Media Law Prof Blog

Coenen, University of Georgia Law School, is publishing Free Speech and Generally Applicable Laws: A New Doctrinal Synthesis in the Iowa Law Review. A longstanding mystery of constitutional law concerns how the Free Speech Dan T.

Who Controls Your Likeness? Balancing Right of Publicity and Free Speech

Current Trends

The court’s balancing act weighed heavily in favor of free speech based upon the timeliness of the mailers. Arguably, the HIV awareness campaign communicated a matter of legitimate public concern, so free speech might trump the right of publicity or privacy. Originally Published in TEXAS LAWYER*. Sharing photos has never been easier.

Free Speech and Seditious Speech In Singapore

Media Law Prof Blog

Free Speech, Integration and the Offence of Promoting Ill-Will and Hostility Between Different Racial Groups. Jaclyn L. Neo, National University of Singapore, has published Seditious in Singapore! Here is the abstract. In 2005, the archaic laws of sedition were

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Wait a Cotton Pickin’ Minute: Free Speech and Employment

The Legal Satyricon

Blatant self-promotion, feel free to follow me @wolmanj ). by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas. Sometimes, they overlap, as they did in my Twitter feed recently. In Trusz v.UBS Realty Investors, LLC, the Connecticut Supreme Court was […]. First Amendment employment

Zick on Restroom Use, Civil Rights, and Free Speech "Opportunism" @OhioStateLJ

Media Law Prof Blog

Timothy Zick, William & Mary Law School, is publishing Restroom Use, Civil Rights, and Free Speech ‘Opportunism’ in the Ohio State Law Journal. Commentators have expressed concerns that litigants are invoking the First Amendment’s Free Speech

Social Media and the Protection of Free Speech

Media Law Prof Blog

From the New York Times: a discussion the progress of the Global Network Initiative, and of whether and how social media protects free speech, particularly in countries that don't have a tradition of free speech, or in areas undergoing periods

University of California National Center for Free Speech and Civic Engagement Now Accepting Applications For Fellows Program

Media Law Prof Blog

The University of California's National Center for Free Speech and Civic Engagement invites applications for its Fellows Program. The successful applicant will be established in a field that gives him or her occasion to address the issues of free speech

Balkin on Free Speech In the Algorithmic Age @jackbalkin

Media Law Prof Blog

Balkin, Yale University Law School, is publishing Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation in the UC Davis Law Review (2018). Jack M.

Assange, Free Speech, and the Extradition Battle

Media Law Prof Blog

An op-ed from Michael Moore and Oliver Stone here

Multifactoral Free Speech

Media Law Prof Blog

Alexander Tsesis, Loyola University Chicago School of Law, is publishing Multifactoral Free Speech in volume 110 of the Northwestern University Law Review (2016). This article presents a multifactoral approach to free speech analysis. Here is the abstract. Difficult cases present

Alexander on Free Speech and Paying Fines With Coins

Media Law Prof Blog

Alexander, UALR-Bowen School of Law, has published A Penny for Your Thoughts: Free Speech and Paying Fines with Coins. Peter C. Here is the abstract. In October, 2016, the city of Springfield, Illinois encroached on the First Amendment rights of