Posts filtered by tags: First Amendment[x]


Alabama Judge Takes Bold Stance Against Confederate Monuments

If citizens are "repulsed" by the monument it does not have to stay.
Tags: Law, Alabama, Courts, First Amendment, Michael Graffeo, Confederate monuments

The Limits Of Constitutionally Guaranteed Free Association

The state possess an inherent power to encourage commerce, but how far can that power be exerted over the moral values of consumers?
Tags: Law, Israel, First Amendment, Constitutional Law, Free Association, Tyler Broker, Boycott Divestment and Sanctions (BDS

Morning Docket: 01.11.19

* Divorce lawyer lays out how this Jeff Bezos divorce will go down. [VICE] * Michael Cohen is going to testify to Congress, so that's a new circus to look forward to. [CNBC] * Florida's newly passed law allowing felons to vote after they've served their sentence may have an exploitable flaw. A former Florida Supreme Court justice notes that the law requires the potential voter to satisfy their complete sentence, which might include fines or restitution payments that no one ever expects the con...
Tags: Florida, Crime, Law, Congress, Divorce, Iowa, Rape, Ronaldo, Cristiano Ronaldo, Fox News, Npr, Jeff Bezos, First Amendment, Cnbc, Voting Rights, Reuters

Morning Docket: 01.07.19

* Senator Ted Cruz has proposed a constitutional amendment that would set term limits for those in the Senate (two six-year terms) and House of Representatives (three two-year terms) because "[t]erm limits on members of Congress offer a solution to the brokenness we see in Washington, D.C." [Business Insider] * Speaking of terms, the grand jury's 18-month term in special counsel Robert Mueller's Russia investigation was set to expire this past weekend, but Chief Judge Beryl Howell of the D.C. D...
Tags: Supreme Court, Law, Congress, Washington, Government, Senate, Russia, Ted Cruz, House Of Representatives, Grand Jury, Government Shutdown, First Amendment, Constitutional Law, Trademarks, Northern District of California, Robert Mueller

Occupational licensure roundup

New report estimates state and national economic costs of occupational licensing [Morris Kleiner and Evgeny Vorotnikov, Institute for Justice] Reform efforts proceed at both state and federal levels [Angela Erickson, Cato Policy Report] Another study: licensing reduces labor supply significantly [Peter Blair and Bobby Chung, NBER] Cosmetology schools serve as lobbying force behind high prerequisites before newcomers can practice in field [Meredith Kolodner and Sarah Butrymowicz, New York Times...
Tags: Law, Oregon, Scotland, Uncategorized, New York Times, Edinburgh, John, New Mexico, Accounting, First Amendment, Albuquerque, Susana Martinez, Cato, District, CALEB BROWN, Lee McGrath

Supreme Court to Decide if Marks With Scandalous Matter May Be Registered

Last Friday, the Supreme Court decided it will hear the Brunetti case, and take a closer look at Section 2(a) of the Lanham Act, the portion forbidding federal registration of trademarks having matter that is scandalous or immoral. So, it appears my big prediction for 2019 is pointing in the affirmative direction: “In terms of my big trademark prediction for 2019, it will be revealed whether the scandalous bar to federal registration is invalidated, whether or not the Supreme Court agrees to hea...
Tags: Fashion, Supreme Court, Minneapolis, Congress, Court, Marketing, Articles, Uspto, Free Speech, First Amendment, Branding, Trademarks, Tam, United States of America, John Roberts, Court of Appeals

You Can Fight Oregon and Win: Five-year Battle Sparked by Red Light Ticket Ends

We’ve told you before about the legal saga of Mats Järlström, a Swedish-born man living in the green and uber progressive state of Oregon. A few years ago, Järlström found himself in the crosshairs of the Oregon Board of Examiners for Engineering and Land Surveying after performing and submitting an analysis of his town’s traffic light timing — […] The post You Can Fight Oregon and Win: Five-year Battle Sparked by Red Light Ticket Ends appeared first on The Truth About Cars.
Tags: Oregon, Government, Autos, Law And Order, Free Speech, First Amendment, Red Light Cameras, News Blog, Traffic Lights, Jarlstrom, Mats Jarlstrom, Oregon Board of Examiners for Engineering

Your Big Trademark Predictions for 2019?

Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018: The TTAB turned sixty years old, so we offered some commentary and predictions; Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use; We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now; Following that Miracle, Martha explained why the Philly Special isn’t so special; Draeke shared in a Strafford webinar; We happily celebrated our ninth birthday on...
Tags: Apple, Supreme Court, Minneapolis, New York City, Advertising, Marketing, Articles, Budweiser, Uspto, Super Bowl, Fair Use, Seattle, Billboards, First Amendment, Lexblog, Branding

Elon Musk’s Lawyers Appear More Competent Than Elon Musk

Elon Musk probably didn't defame anybody when he was being a jerk on Twitter.
Tags: Elon Musk, Law, Courts, First Amendment, Defamation

Human censorship and legal bloggers

There’s going to come a day when there will be a need to police the speech of legal bloggers. Not across the Internet in entirety, but by a company or organization hosting or syndicating legal blogs. Could be LexBlog. Censorship of legal bloggers has not been a big topic of concern among the legal blogosphere. Sadly, most legal bloggers are afraid to offend anyone, though we have seen a few get bounced off Twitter for a bit, I suspect out of machines doing automatic takedowns.  With lega...
Tags: Google, Facebook, Law, Blogging, New York Times, First Amendment, Patreon, Nellie Bowles, Jack -RSB- Conte, Jaqueline Hart Patreon

Parody based on Grinch tale defeats Seuss estate

From this summer: Playwright Matthew Lombardo’s comedy “Who’s Holiday!,” a raunchy tale set in the world of the Grinch years after the original story, wins a Second Circuit ruling as protected parody against the copyright claims of the Dr. Seuss estate [Greg Evans, Deadline Hollywood] Tags: Christmas and other holidays, copyright, First Amendment
Tags: Law, Uncategorized, Copyright, First Amendment, Second Circuit, Seuss, Deadline Hollywood, Greg Evans, Christmas and other holidays, Matthew Lombardo

Judge: First Amendment protects recording cops and officials performing public duties

“A federal court judge Monday ruled a Massachusetts General Law prohibiting the secret audio recording of police or government officials is unconstitutional. …In the 44-page decision [Judge Patti] Saris declared that ‘secret audio recording of government officials, including law enforcement officials, performing their duties in public is protected by the First Amendment, subject only to reasonable time, place and manner restrictions.'” [Noah Bombard, MassLive] Tags: First Amendment, Massach...
Tags: Law, Police, Massachusetts, Uncategorized, First Amendment, Movies Film And Videos, Patti -RSB- Saris, Noah Bombard MassLive

Restraining order entered against website that encouraged contacting children of plaintiff’s employees

Plaintiff sued defendant (who was an unhappy customer of plaintiff) under the Lanham Act (for trademark infringement) and for defamation. Defendant had registered a domain name using plaintiff’s company name and had set up a website that, among other things, he used to impersonate plaintiff’s employees and provide information about employees’ family members, some of whom were minors. Plaintiff moved for a temporary restraining order and the court granted the motion. The Website The website was s...
Tags: Law, Maine, Trademark, First Amendment, Defamation, Trademarks, Emerson, Lanham Act, Symetra Life Ins Co

Free speech roundup

Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh] Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on ] “9 Months in Prison for Forging Court Orders Aimed at Vanishing Online Material” [Volokh] Per one account at least 75 fa...
Tags: Google, Law, Uncategorized, Newspapers, Canada, Comcast, Missouri, UK supreme court, North Carolina, Free Speech, First Amendment, Lobbyists, Fourth Circuit, Eugene Volokh, Eighth Circuit, Ilya Somin

November 28 roundup

Georgia woman jailed for three months after field drug test misidentifies contents of plastic bag in her car, which she had told disbelieving officers contained blue cotton candy [WMAZ] Related: Georgia “Drug Recognition Expert” officers sometimes arrest drivers who are sober [Brendan Keefe and Michael King, WMAZ in January] “What I call the four forces of the regulatory state — regulation by administration, prosecution, and litigation; and progressive anti-federalism—operate mostly independen...
Tags: Law, Congress, Uncategorized, Alabama, Georgia, Copyright, Commerce, Airlines, Naacp, First Amendment, Brad Smith, CALEB BROWN, Eleventh Circuit, Bradley Smith, Jonathan Rauch, Illegal Drugs

NRA Moves Forward in First Amendment Case Against NY Governor Cuomo

Opinion Andrew Cuomo Arizona -( New York Governor Andrew Cuomo is notoriously hostile to the Second Amendment and the exercise thereof.His administration has been riddled with corruption. He is considered one of the three engineers of the infamous “Safe Act”. The other two, Dean Skelos, former leader of the New York Senate, and Sidney Silver, former Speaker of the New York Assembly, have been convicted of corruption.  Governor Cuomo was intimately politically involved with both ...
Tags: New York, London, Guns, New York City, Department Of Defense, United States, Aclu, Arizona, Dallas, Andrew Cuomo, Free Speech, First Amendment, New York State, Cuomo, Nra, Dean Skelos

Judge Refuses to Throw Out Lawsuit Against Neo-Nazi Website Daily Stormer

A federal judge refused this week to throw out a lawsuit against neo-Nazi website Daily Stormer alleging it led a “terror campaign” against a Jewish real estate agent, Tanya Gersh, and the Southern Poverty Law Center tells the New York Times it expects the civil case to now proceed to a trial.Read more...
Tags: Science, Technology, Nazis, New York Times, Lawsuits, Courts, First Amendment, White Supremacy, Alt Right, Southern Poverty Law Center, Neo Nazis, Daily Stormer, Andrew Anglin, Tanya Gersh, Neo Nazi Website Daily Stormer

Morning Docket: 11.16.18

* After delaying the decision, Judge Tim Kelly will be releasing his ruling in CNN's First Amendment case at 10 a.m. Is it lawful to revoke a reporter's press pass after an argument with the president? We'll soon find out. [USA Today] * "[W]e’re not going to leave any judges behind over these next two months." According to Senator Tom Cotton, the Senate is apparently planning to work through Christmas and New Year's Eve to confirm all of President Trump's judicial nominees in an effort to head ...
Tags: Law, Government, Senate, Cnn, Domestic Violence, Federal Judges, Donald Trump, First Amendment, David Boies, New York Magazine, Biglaw, Trump, Stormy Daniels, Fourth Circuit, Tom Cotton, Washington Times

“Is this picture of a falcon illegal?”

Animal-welfare regulation vs. rights of expression: “State and federal falcon-speech regulations fall into four categories: (1) generally banning images of falcons in all expression that is not about falcons; (2) specifically banning commercials that feature falcons but are not about falcons; (3) limiting compensation for falcon-related expression; and (4) dictating the content of falcon education programs.” So many different First Amendment problems there, and now “a new lawsuit filed by Pacifi...
Tags: Law, Animals, Uncategorized, Endangered Species, First Amendment, Pacific Legal Foundation, Jim Manley, American Falconry Conservancy

Federal judge: Lawsuit against Andrew Anglin of 'Daily Stormer' can proceed, Nazi hate speech isn't protected

In Montana today, a federal judge said the First Amendment doesn't protect a pro-Nazi internet publisher from being sued for instructing his readers to unleash a "troll storm" that materialized in a barrage of anti-Semitic threats against a Jewish woman and her family in Whitefish. U.S. District Judge Dana Christensen ruled today that Tanya Gersh's lawsuit against Andrew Anglin of The Daily Stormer can proceed. From Montana Public Radio: Gersh says hundreds of people harassed and threatene...
Tags: Post, News, Montana, Nazi, Hate Speech, First Amendment, Trump, White Supremacists, Morrison, Christensen, Gersh, Richard Spencer, Whitefish, John Morrison, Daily Stormer, Andrew Anglin

New York Proposal would Check Social Accounts and Search History of Gun Buyers

New York Proposal would Check Social Accounts and Search History of Gun Buyers New York –-( Can a post on social media be used to stop you from purchasing a gun? If New York state Senator Kevin Palmer and Eric Adams, the president of Brooklyn Borough had their way, it would.The two lawmakers have started work in drafting legislation that would require everyone who attempts to purchase a firearm in the state of New York to turn over the last three years of their social media posts...
Tags: Facebook, New York, Guns, America, Social Media, Palmer, Gun Control, John, First Amendment, Gun Rights, Second Amendment, Nra, Tam, Eric Adams, Adams, WCBS Newsradio

CNN sues Trump and White House aides over Jim Acosta ban

CNN is suing President Donald Trump and various White House aides over the administration's ban on chief White House correspondent Jim Acosta. CNN's lawsuit alleges that Acosta and CNN's First and Fifth amendment rights are being violated by the ban. Named in CNN's lawsuit against the White House are Donald Trump, John Kelly, Sarah Sanders, Bill Shine, Joseph Clancy, and the Secret Service officer who took Acosta's hard pass away. "While the suit is specific to CNN and Acosta, this could hav...
Tags: Post, Politics, News, Washington, White House, US news, Cnn, Secret Service, Donald Trump, First Amendment, Freedom Of The Press, John Kelly, Trump, Sanders, U S District Court, Jake Tapper

Federal judge: suit can go forward against Cuomo over regulatory squeeze

A federal judge has ruled the National Rifle Association can proceed with its First Amendment suit against New York Gov. Andrew Cuomo over his pressure on regulated banks, insurers to cut ties with gun rights advocacy groups like the NRA. “U.S. District Judge Thomas McAvoy questioned Cuomo’s claim that his messages about the wisdom and propriety of providing financial services to the NRA amount to nothing but legitimate regulatory oversight and protected government speech.” [Jacob Sullum and bac...
Tags: New York, Guns, Law, Uncategorized, Aclu, Andrew Cuomo, First Amendment, Cuomo, Nra, National Rifle Association, RATTNER, Jacob Sullum, Eugene Volokh, Hans Bader, Regulatory Retaliation, NRA U S District

CNN Preparing To Sue Trump Administration On First Amendment Grounds

Does retaliating against Jim Acosta finally cross a First Amendment line?
Tags: Law, Government, Cnn, Donald Trump, First Amendment, Trump, Jim Acosta

Censorship Will Not Stem Violence

Moral culpability for inflammatory rhetoric is one thing, legal responsibility is entirely another.
Tags: Law, First Amendment, Constitutional Law, Tyler Broker, Fighting Words

Illegal Brand Clone, or Evolved Inspiration?

A loyal reader brought to our attention the logo for a rather interesting chiropractic practice: Without too much pain, can we all agree on the likely inspiration for the above name and logo? What’s really interesting is that the name Thorassic Park has been federally-registered since 2004, so there is little doubt that the names may co-exist without likelihood of confusion or dilution. But, what about the visual identities? Don’t they seem far too close, even if the businesses are very differ...
Tags: Marketing, Articles, Infringement, Uspto, Jurassic Park, First Amendment, Orlando, Branding, Likelihood Of Confusion, Trademarks, Don, Orlando Florida, BRADENTON, Bradenton Florida, Steve Baird, Dilution

Buzzfeed News profiles Marc Randazza and explores his high-profile, controversial cases

Marc Randazza, the lawyer working to protect First Amendment rights of people spewing socially undesirable speech, recently opened up to Buzzfeed News about his devotion to the First Amendment and how representing neo-Nazis, trolls, and Satanists helps him uphold what he believes is one of the most important ideals this country was founded upon. The […]
Tags: Law, Ethics, Free Speech, First Amendment, Misc, BuzzFeed News, Marc Randazza, Law Practice, Internet Law

Free speech roundup

Repercussions of Supreme Court’s Janus ruling on bar associations’ compulsory extraction of dues from nonmembers [Oregonian] “State Supreme Court calls a ‘timeout’ for Washington Bar Association to review its rules” Steve Miletich, Seattle Times] “ABA Model Rule 8.4(g) Cannot Survive the Supreme Court’s Recent Decisions in NIFLA and Matal” [Kim Colby, Federalist Society, earlier on rule banning some types of speech and expression by lawyers on anti-discrimination grounds] Pardoned former sher...
Tags: Supreme Court, Law, Uncategorized, New York Times, Joe Arpaio, Donald Trump, Free Speech, First Amendment, Bar Associations, Seattle Times, Ashers, State Supreme Court, David Henderson, Janus, Jacob Sullum, Eugene Volokh

Whistling While You Work to Parody a Brand?

This is quite a collection of art pieces, inspired by some pretty recognizable candy bar brands: The fine print reads: “Each handmade . . . sculpture is a real working whistle!” Parodies, anyone? Here’s a question, does the functionality of these pieces make them any less expressive as art, any more likely to be confused, any more likely to dilute, any less First Amendment worthy? The post Whistling While You Work to Parody a Brand? appeared first on DuetsBlog.
Tags: Food, Parody, Marketing, Articles, First Amendment, Functionality, Branding, Trademarks, Steve Baird, Dilution, Famous Marks, Product Packaging