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Archive for the ‘First Amendment’ Category

By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
Posted On Mar - 22 - 2010 Comments Off READ FULL POST
By Conor H. Kennedy Editorial Policy In Citizens United v. Federal Election Commission (“Citizens United”), the Supreme Court nullified a major provision of campaign finance legislation.  The Federal Election Commission (“FEC”) can no longer regulate the mandated disclosure, allowable sources, or contribution limits of corporations’ independent political advocacy. Prominent legal scholar Lucian Bebchuk argues that the “insiders” who manage companies are now empowered to use direct expenditures to legally entrench themselves atop publicly traded companies, their shareholders’ objections notwithstanding.  From ... Read More...
Posted On Mar - 3 - 2010 5 Comments READ FULL POST
California Superior Court Enters Judgement in Anti-SLAPP Suit By Debbie Rosenbaum – Edited by Steven Primeaux MagicJack, LP v. Happy Mutants LLC, Case No. CIV 091108 (Sup. Ct. Cal. Marin County, Jan. 5, 2010) Opinion (hosted by Boing Boing) On January 5, 2010, the Superior Court of California for the County of Marin entered judgment against plaintiff MagicJack, reiterating its May 2009 holding that MagicJack had not established a probability of prevailing on its claims against Boing Boing and ruling ... Read More...
Posted On Feb - 27 - 2010 Comments Off READ FULL POST
School Punishment of Online Speech: Evans v. Bayer By Stuart K. Tubis – Edited by Frank Sabatini Evans v. Bayer, No. 08-61952-CIV-GARBER (S.D. Fla. February 12, 2010) Slip Opinion The District Court for the Southern District of Florida granted in part and denied in part defendant’s motion to dismiss. The court dismissed the claim for injunctive relief to prevent Bayer from maintaining records of the suspension and to compel him to revoke the suspension nunc pro tunc. The court held ... Read More...
Posted On Feb - 22 - 2010 1 Comment READ FULL POST
Third Circuit Panels Rule Differently on MySpace Parody Cases By Abby Lauer – Edited by Alissa Del Riego Layshock v. Hermitage School District, No. 07-4465 (3d Cir. Feb. 4, 2010) Slip Opinion Snyder v. Blue Mountain School District, No. 08-4138 (3d Cir. Feb. 4, 2010) Slip Opinion Two different Third Circuit panels handed down seemingly contradictory decisions last week after considering whether offensive parody profiles of school principals created by students using MySpace outside of school were protected by the ... Read More...
Posted On Feb - 6 - 2010 1 Comment READ FULL POST
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