In my work for the Texas Association of Broadcasters, I had a ringside seat for some pitched battles to save landmark statutes protecting public access to government records and free speech against encroachment by bills that...more
Because I have had the privilege of testifying on behalf of JW client Texas Association of Broadcasters regarding bills pending in past Texas legislative sessions, I have regularly written about the aftermath of those...more
On September 1, 2021, more than 650 new Texas laws went into effect. As businesses ensure compliance with several of the new laws, Jackson Walker provides a summary below of a number of newly effective and upcoming laws....more
9/9/2021
/ Business Codes ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
Employer No-Weapons Policies ,
Firearms ,
Governor Abbott ,
Gun Laws ,
Labor Code ,
New Legislation ,
Public Schools ,
Remote Working ,
Sexual Harassment ,
Vaccinations
Faced with the challenges posed by the COVID-19 pandemic, the February winter storm energy shortages, and redistricting, most observers thought there would be little time left in the 2021 Texas legislative session for bills...more
8/30/2021
/ Broadcasting ,
Disaster Preparedness ,
Free Speech ,
Infectious Diseases ,
Journalists ,
Legislative Agendas ,
Public Health ,
Public Policy ,
Public Records ,
Redistricting ,
State and Local Government ,
State Legislatures
For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In a narrow decision issued on June 23, 2021, an 8-1 majority (including all but Justice Clarence Thomas) ruled that...more
The 2019 Texas Legislative session will be remembered for several hard-won victories by a coalition of advocates for free expression, news reporting, and open access to government records led by Jackson Walker client the...more
9/17/2019
/ Anti-SLAPP ,
Broadcasting ,
Citizens Participation Acts ,
Constitutional Challenges ,
Free Speech ,
Freedom of Expression ,
Legislative Agendas ,
News Stories ,
Press Releases ,
Public Concern ,
Public Information ,
Public Records
“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more
3/29/2018
/ Anti-SLAPP ,
Appeals ,
Dismissals ,
Entertainment Industry ,
Free Speech ,
Name and Likeness ,
Reaffirmation ,
Right of Publicity ,
Television Shows ,
Transformative Use ,
Video Games
In football, blocking and tackling is as important as connecting on a long pass. In a legislative session that was tough going for advocates of open government and news reporting, a tenacious defense won more victories than...more
“Just the facts, ma’am.” This was the admonition of Detective Sergeant Joe Friday from the iconic ‘60s TV series Dragnet, when interviewing a witness who would rather offer conjecture or opinion than an objective description...more
As a child of the 60’s and 70’s and an insatiable NFL football fan, I can still hear the swaggering voice of narrator John Facenda in the now-iconic 1974 NFL Films production “The Autumn Wind,” which has been dubbed The...more
6/2/2016
/ Class Action ,
Commercial Speech ,
ESPN ,
Movies ,
Name and Likeness ,
NFL ,
Preemption ,
Right of Publicity ,
Settlement ,
Summary Judgment ,
The Copyright Act
Sometimes, killing a bad bill can be as important as enacting a good one. So it was for newsrooms during the 2015 session of the Texas Legislature. My partner Paul Watler and I were privileged to assist the Texas Association...more
In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more
4/3/2015
/ Anti-SLAPP ,
Celebrities ,
First Amendment ,
Grand Theft Auto ,
Lindsay Lohan ,
Manuel Noriega ,
Misappropriation ,
Name and Likeness ,
Right of Publicity ,
Transformative Use ,
Video Games
Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more
I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more
The 2013 Legislative session proved to be one of the most successful ever for Texas newsrooms, with several important bills passed and signed into law by Governor Perry. These victories were the result of the combined efforts...more
8/23/2013
For the past two decades since the Texas Supreme Court's decision in McIlvain v. Jacobs, 794 S.W.2d 14, 16 (Tex. 1990), Texas appellate courts and the Fifth Circuit have repeatedly held that journalists are insulated from...more
In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more
In This Issue:
- Stacy Allen Speaks:
Right of Publicity: Advantage Athletes - Recent court decisions regarding unlicensed likenesses of celebrities in programs, products or video games represent a disturbing...more