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Archive for the ‘First Amendment’ Category

Third Circuit Holds Child Online Protection Act Unconstitutional By Anna Lamut – Edited by Nicola Carah ACLU v. Mukasey Third Circuit, July 22, 2008, No. 07-2539 Slip Opinion On July 22, the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s decision, finding that the Child Online Protection Act (“COPA”), 47 U.S.C. § 231, violated the First and Fifth Amendment, and permanently enjoined its enforcement. COPA imposes civil and criminal penalties for anyone who, “for commercial purposes,” knowingly posts “material ... Read More...
Posted On Aug - 3 - 2008 Comments Off READ FULL POST
Third Circuit Vacates FCC Fine By Jon Choate — Edited by Stephanie Weiner CBS Corp. v. Federal Communications Commission Third Circuit, July 21 2008, No. 06-3575 Slip Opinion On July 21, the Third Circuit vacated an FCC order fining CBS $550,000 for the nine-sixteenths of one second broadcasting of Janet Jackson’s bare right breast during the halftime show of Super Bowl XXXVIII in February 2004. The court held that the FCC had departed from its prior policy in fining CBS ... Read More...
Posted On Jul - 26 - 2008 Comments Off READ FULL POST
New Law Expands Government Surveillance Powers By Daniel Ray — Edited by Sarah Sorscher H.R. 6304 — FISA Amendments Act of 2008 Full Text of Enrolled Bill Senate Vote Summary GovTrack.us Summary On July 9, the Senate passed H.R. 6034, the FISA Amendments Act of 2008, and President George W. Bush signed it into law the following day. The new law modifies the Foreign Intelligence Surveillance Act of 1978 (“FISA”) to expand (subject to certain new checks) the federal government’s ... Read More...
Posted On Jul - 12 - 2008 2 Comments READ FULL POST
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
Posted On Jun - 8 - 2008 2 Comments READ FULL POST
Second Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola Carah Doninger v. Niehoff Second Circuit, May 29, 2008, No. 07-3885 Slip Opinion The Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter ... Read More...
Posted On Jun - 2 - 2008 Comments Off READ FULL POST
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