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

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.

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

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

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

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

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.

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

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

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.

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

'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

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

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

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.

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

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

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

Assange, Free Speech, and the Extradition Battle

Media Law Prof Blog

An op-ed from Michael Moore and Oliver Stone here

Free Speech Bites: A Podcast Devoted To the Concept of Freedom of Speech and Thought

Media Law Prof Blog

Nigel Warburton, who hosts the podcast Philosophy Bites, has launched the podcast Free Speech Bites, devoted to investigating free speech issues. Follow Free Speech Bites on Twitter at @FreeSpeechBites.

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

Hollywood Studios Beat Lawsuit Over PG and PG-13 Films Featuring Smoking

THR, Esq. Entertainment & Media Law Blog

A judge concludes that ratings are opinions, that misrepresentations haven't been made and that the proposed class action interferes with free speech.

Appeals Court Showdown Over Future of Celebrity Images

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The exploitation of performers vs. the free speech of artists read more. THR, Esq. Movies Movies

Appeals Court Won't Revive Lawsuit Challenging Talent Agencies Act

THR, Esq. Entertainment & Media Law Blog

The 9th Circuit doesn't think California's agent licensing law flouts due process, equal protection and free speech. read more. THR, Esq. Business Business THR Online

Joseph on A Re-Examination of Free Speech @profsarahj

Media Law Prof Blog

Sarah Joseph, Monash University Faculty of Law, has published A Re-Examination of Free Speech. Recent controversies over free speech in numerous liberal democracies (eg over "no-platforming", s18C of the Racial Discrimination Act (Cth) in Australia) have

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Snow on Free Speech and Disparaging Trademarks

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Free Speech & Disparaging Trademarks in volume 57 of the Boston College Law Review (2016). Speech law has silenced trademark.

Lebovic on Free Speech and Unfree News

Media Law Prof Blog

Sam Lebovic, Assistant Professor of History, George Mason University, has published Free Speech and Unfree News (Harvard University Press, 2016). Does America have a free press?