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Archive for the ‘First Amendment’ Category

San Francisco Court Considers Google’s Search and Ad Services Free Speech

By Jens Frankenreiter – Edited by Henry Thomas

A San Francisco court dismissed a lawsuit against Google, treating Google’s search and advertisement services as constitutionally protected free speech. The lawsuit alleged an antitrust violation based on unfavorable treatment of a website in Google’s search results, and on the withdrawal of third-party advertisement from the website. In throwing out the lawsuit, the court applied California’s “anti-SLAPP” law, which allows quick dismissal of lawsuits against acts protected as free speech.

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Posted On Dec - 9 - 2014 Comments Off READ FULL POST

California Sex Offender Internet Identification Law Held Unenforceable

By Jesse Goodwin – Edited by Michael Shammas

The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting of the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous ruling, a three-judge panel held that requiring sex offenders provide written notice of “any and all Internet identifiers” within 24 hours to the police likely imposed an unconstitutional burden on protected speech.

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Posted On Dec - 3 - 2014 Comments Off READ FULL POST

Federal Circuit Flash Digest: News in Brief

By Ken Winterbottom

Motion to Dismiss in Hulu Patent Infringement Suit Affirmed

“Virtual Classroom” Patent Infringement Case Remanded for Further Determination

Attorney Publicly Reprimanded for Circulating Email from Judge

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Posted On Nov - 19 - 2014 Comments Off READ FULL POST

ACLU and EFF Protest the Constitutionality of Williamson County Schools’ Technology Policy

By Michelle Goldring – Edited by Jesse Goodwin

The ACLU of Tennessee and EFF wrote a letter to the superintendent and board of Williamson County Schools in response to its new technology policy. The letter raises concerns about portions of the policy that would limit students’ right to freely use social media even when outside the school and would permit students’ devices to be searched with few restrictions, in violation of students’ First and Fourth Amendment rights.

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Posted On Nov - 10 - 2014 Comments Off READ FULL POST

Trademark Infringement or First Amendment Right of Freedom of Speech?

By Yunnan Jiang – Edited by Paulius Jurcys

On October 11, the Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union of Virginia, Inc. (“ACLU”) filed a joint brief in the U.S. Court Of Appeals, urging  that “trademark laws should not be used to impinge the First Amendment rights of critics and commentators”. The brief argues that the use of the names of organizations to comment, critique, and parody, is constitutionally protected by the speaker’s First Amendment right of freedom of expression.

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Posted On Oct - 20 - 2014 Comments Off READ FULL POST
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