“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast
Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Early Returns Law and Politics with Jan Baran: Bradley Smith – Deregulating Political Speech Through Campaign Finance
What's the Tea in L&E? Government Employers: Is it Free Speech or Just Freely Complaining?
“So Many First Amendment Violations, So Little Time” | Tom Leatherbury | Texas Appellate Law Podcast
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
SPECIAL EDITION: NEWS + VIEWS + TO DO’S | ERIN HIGGINS, CONN KAVANAUGH
Employment Law Now V-99- Vaccines, Masks, and Other Big Developments
Law Brief ®: Richard Schoenstein and Ian Rosenberg Discuss the Fight for Free Speech
Employment Law Now V-96- LOTS of Big Employment Law Developments
Law School Toolbox Podcast Episode 285: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
Bar Exam Toolbox Podcast Episode 123: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more
A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more
The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more
The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more
On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more
The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more
“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is...more
On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more
Earlier this week, the U.S. Supreme Court heard oral arguments in two cases which could drastically change the nature of internet discourse. The cases, NetChoice v. Paxton and Moody v. NetChoice, involve Florida and Texas...more
In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability. Both cases deal with § 1983 actions against governmental...more
A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana...more
In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more
Navigating the intricate balance between freedom of speech and the confines of a regulated profession is not easy these days, especially with the prevalence of social media. This was precisely the challenge the Ontario...more
Last week, I wrote about an unsuccessful challenge to the activities of the Office of Elections Cybersecurity within the California Secretary of State's office: Is The California Secretary of State Monitoring What You Publish...more
In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity. By statute, the OEC has a duty “to monitor and counteract false...more
In this edition of #NoFilter, we will examine a recent September 16, 2022, decision from the Fifth Circuit Court of Appeals upholding a Texas state law impacting the power of social media platforms to moderate content on...more
A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more
Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more
The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more
A federal judge recently blocked a Florida law that would have penalized social media companies for removing, or refusing to publish, posts by politicians. Florida legislators approved the legislation after Facebook, Twitter...more
On May 24, 2021, Florida’s governor signed into law legislation prohibiting social media companies from blocking political candidates seeking to use those companies’ websites to communicate with the sites’ users. Almost...more
Last month, TikTok user @nas.alive asked people to answer the question: "What's one thing that is normal in your country but weird for the rest of the world?" It took off. Missing among the videos of bagged milk (Canada),...more
On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching...more
In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more
Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more