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Archive for the ‘First Amendment’ Category

District Court Says CAN-SPAM Act Does Not Violate First Amendment By Samantha Kuhn – Edited by Chinh Vo U.S. v. Smallwood, 09-CR-00249 (N.D. Tex. July 15, 2011) Slip Opinion hosted by Scribd.co The District Court for the Northern District of Texas rejected a First Amendment challenge to the CAN-SPAM criminal statute, which prohibits the computer transmission of “multiple commercial electronic mail messages, with the intent to deceive or mislead recipients . . . . as to the origin of such ... Read More...
Posted On Aug - 9 - 2011 Comments Off READ FULL POST
Court Affirms Disciplining of Mortuary-Science Student for Threatening Facebook Posts, Relies on Tinker Standard for Censoring Speech in Higher Education By Matthew Becker – Edited by Abby Lauer Tatro v. University of Minnesota, 2011 WL 2672220 (Minn. Ct. App. July 11, 2011) Slip Opinion hosted by the Minnesota State Law Library The Minnesota Court of Appeals affirmed a decision of the University of Minnesota Provost’s Appeals Committee, which had penalized mortuary-science student Amanda Tatro for off-campus posts to a social ... Read More...
Posted On Jul - 25 - 2011 Comments Off READ FULL POST
Supreme Court Holds California Ban on Violent Video Games Violates First Amendment By Raquel Acosta – Edited by Dorothy Du Brown v. EMA, No. 08-1448 (June 27, 2011) Slip Opinion via supremecourt.gov The Supreme Court affirmed a Ninth Circuit decision that had found that a California law that restricted the sale or rental of violent video games to minors did not comport with the First Amendment and permanently enjoined its enforcement. Justice Scalia delivered the opinion of the Court.  In ... Read More...
Posted On Jul - 5 - 2011 Comments Off READ FULL POST
Third Circuit holds that vulgar MySpace profile created off school grounds did not cause “substantial disruption” at the school to justify student’s ten-day suspension By Michael Adelman – Edited by Abby Lauer J.S. v. Blue Mountain School District, No. 08-4138 (3d Cir. June 13, 2011) Slip Opinion The Third Circuit, sitting en banc, reversed and remanded the Middle District of Pennsylvania’s ruling that suspension was an appropriate punishment for a student who created a fake MySpace account that made fun ... Read More...
Posted On Jun - 21 - 2011 Comments Off READ FULL POST
Federal Court Upholds Subpoenas Compelling ISP to Identify Over 1000 Alleged File-Sharers By Paul Cathcart – Edited by Jad Mills Call of the Wild Movie, LLC v. Does 1-1,062, 2011 U.S. Dist. LEXIS 29153 (D.D.C. March 22, 2011) Memorandum Opinion hosted by Scribd.com In two copyright cases, Judge Beryl A. Howell of the United States District Court for the District of Columbia denied Time Warner Cable’s (“TWC’s”) motions to quash subpoenas compelling the identification of subscribers associated with allegedly infringing ... Read More...
Posted On Apr - 8 - 2011 Comments Off READ FULL POST
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