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Archive for the ‘First Amendment’ Category

Second Circuit holds employer-disparaging Facebook activity protected by labor law

By Bhargav Srinivasan – Edited by Henry Thomas

Triple Play sports bar fired two employees after they responded to a Facebook post from a coworker suggesting that the bar improperly filed its taxes.  The NLRB found that the Facebook activity was protected concerted speech.  On appeal, the Second Circuit affirmed the decision of the NLRB, rejecting Triple Play’s theory that the profanity in the Facebook comment was made in the presence of customers and lost protection.  While the case was non-precedential, it departed from the trend of courts finding similar firings permissible.


Posted On Nov - 17 - 2015 Add Comments READ FULL POST

Kazakhstan cannot use U.S. injunction to prevent reporting on documents acquired by hacking

By Frederick Ding — Edited by Yaping Zhang

After sensitive documents from the Kazakhstan government were posted online by unknown hackers, Kazakhstan obtained a preliminary injunction from a U.S. federal court, and sought to use it to prevent Respublika, an online newspaper, from reporting on and publishing the documents. The court found that the injunction does not apply to Respublika, which was not involved in the hacking, citing First Amendment free speech principles.


Posted On Nov - 11 - 2015 Add Comments READ FULL POST

California Court Rules Artistic Expression in a Violent or Threatening Manner Can Be a Felony

By Keke Wu – Edited by Erik Mortensen

In People v. Murillo, a California appellate court reversed a lower court decision dismissing a felony charge against rapper Anthony Murillo. The Second Appellate District held that a reasonable listener could have understood the lyrics to one of Murillo’s rap songs as threatening two rape victims.


Posted On Oct - 24 - 2015 Add Comments READ FULL POST

Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.


Posted On Apr - 20 - 2015 Comments Off READ FULL POST

Georgia Supreme Court Holds Message Board Comments Are Not Stalking

By Henry Thomas – Edited by Anton Ziajka

The Georgia Supreme Court held that for comments to constitute stalking, they must be directed at — not merely about — a person. This decision overturns a lower court’s grant of a no-contact order that had prevented copyright critic Matthew Chan from posting comments about poet Linda Ellis on his website. The court found that the comments either were not directed at Ellis or were consented to by Ellis’s visiting the site.


Posted On Apr - 6 - 2015 Comments Off READ FULL POST
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