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Archive for the ‘First Amendment’ Category

Flash Digest: News in Brief
By Katherine Walecka

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive

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Posted On Jul - 15 - 2013 Comments Off READ FULL POST

Supreme Court Rules that Anti-Prostitution Policy Requirement for HIV/AIDS Funding Violates First Amendment

Agency for International Development v. Alliance for Open Society International, Inc.
By Andrew Spore – Edited by Samantha Rothberg

In June of this year, the Supreme Court ruled that requiring as a condition of funding that recipients of federal HIV/AIDS prevention funds have “a policy explicitly opposing prostitution” constituted an impermissible restriction on speech, Agency, slip op. at 15, affirming a 2011 decision by the Second Circuit.

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Posted On Jul - 8 - 2013 Comments Off READ FULL POST

Blogger’s Threats Toward Judges Not Protected Speech, Second Circuit Holds

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

The Second Circuit affirmed the E.D.N.Y.’s conviction of Harold Turner for “threatening to assault or murder” Seventh Circuit Judges Easterbrook, Bauer, and Posner on the basis of his blog posts about a decision the three had made regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld that Turner’s conduct constituted “a true threat [that] was unprotected by the First Amendment.” Id. at 16.

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Posted On Jun - 30 - 2013 Comments Off READ FULL POST

Athlete’s Right of Publicity Outweighs First Amendment Protections for EA Video Game, Court Holds

Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank

The Third Circuit reversed the U.S. District Court for the District of New Jersey’s grant of summary judgment to Electronic Arts (“EA”) in a right of publicity action, on the grounds that EA’s appropriation of Ryan Hart’s likeness in a video game was protected by the First Amendment. The case was remanded to the district court for further proceedings consistent with the Third Circuit’s adoption of the “transformative use” test.

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Posted On Jun - 10 - 2013 Comments Off READ FULL POST

Unwanted Exposure: Civil and Criminal Liability for Revenge Porn Hosts and Posters

Written by: Susanna Lichter
Edited by: Suzanne Van Arsdale

Hollie Toups, the first named plaintiff in Toups v. GoDaddy, was harassed for weeks after nude pictures of her appeared on the website Texxxan.com alongside her real name and a link to her Facebook profile. When Toups requested that Texxxan.com remove the pictures, she was told by the website that they could help in exchange for her credit card information.[i] Texxxan.com is a “revenge porn” or “involuntary porn” website.[ii]

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Posted On May - 28 - 2013 2 Comments READ FULL POST
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