Tag Archives: First Amendment

Threat or Theatre?

The Supreme Court issued its opinion in Elonis v. U.S., commonly known as the “Facebook threats” case, earlier this week.   The case involved charges under the federal “threats statute,” which criminalizes communicating “any threat to injure the person of another,” … Continue reading

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Court: First Amendment Unleashes “Raging Bitch” Beer

Following a recent decision from the Sixth Circuit Court of Appeals, the craft brewery Flying Dog will be able to pursue First Amendment claims against the state liquor commissioners who barred it from selling its “Raging Bitch” Belgian Style IPA … Continue reading

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Plug or Perish

FVLD attorney Seth Stern recently made a presentation to the Chicago Bar Association comparing the European Union’s “Right to be Forgotten” to United States privacy law.  Seth explained that any Right to be Forgotten legislation in the USA faces significant … Continue reading

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Another Day, Another Dollar? Exotic Dancers Bringing and Winning Wage Disputes Against Strip Clubs

Misclassification of independent contractors has come under scrutiny across multiple industries of late to include even strip clubs, which have long categorized performers as independent contractors outside the reach of federal and state minimum wage and overtime protections. Even a … Continue reading

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Faculty Bloggers Sue University: Will the Real “Cyberbully” Please Stand Up?

Two professors who contribute to a blog called CSU Faculty Voice sued Chicago State University officials over CSU’s “Cyberbullying Policy,” which prohibits electronic communications that have an “adverse impact on the work environment of a CSU faculty member or employee.” … Continue reading

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If Hackers Can Gag Sony, Can Sony Muffle Them?

Following the recent cyber-attack on Sony Pictures Entertainment, numerous media outlets received a threatening letter from David Boies, Sony’s lawyer, demanding that they not republish or otherwise use the hacked Sony documents and destroy any copies that they may have.  … Continue reading

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Mixed Results in Acquitted Rape Suspect’s Online Defamation Case

Rulings on an attorney’s complaint against online media outlets for reporting on sex charges against him present a mixed bag.  In Huon v. Breaking Media et al., a federal judge in Chicago dismissed the attorney’s claims against Gawker Media, publisher … Continue reading

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New York’s Highest Court Strikes Anti-Cyberbullying Law

The New York Court of Appeals in People v. Marquan M. has struck down a local law that criminalized cyberbullying.  The court agreed with a high school student who had been charged under the law that the law was overbroad … Continue reading

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Google Removes Search Results After EU’s “Right to be Forgotten” Ruling

Google has started to remove individuals’ search results from its European websites due to the “right to be forgotten” ruling by the European Court of Justice (ECJ) last month. Within weeks of the ECJ’s ruling, Google has already received more … Continue reading

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Feds Struggle to Define Journalism

The Electronic Frontier Foundation (EFF) notes that the Department of Justice’s recent guidelines for investigations involving the news media may signal a trend towards limiting protections afforded to journalists to exclude many bloggers. The DOJ’s Domestic Investigation and Operations Guide … Continue reading

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Court Orders Customer to Stop Yelping

A Virginia judge has issued an injunction ordering a woman to stop posting critical reviews on websites Yelp and Angie’s List regarding a contractor’s work on her home. The customer, Jane Perez, allegedly failed to pay the company, Dietz Development, … Continue reading

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Lawsuit: Smartphone and Memory Card Seized from Man Recording Police

A Washington D.C. man has sued two police officers for seizing his smartphone with which he photographed a police officer engaging in allegedly “aggressive conduct toward members of the public” after another officer hit a man on a motorbike with … Continue reading

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New Illinois Laws Affect Online Privacy

Recently enacted Illinois laws are intended to protect the online privacy of both public and private employees in the state. The Judicial Privacy Improvement Act (JPIA) is a legislative response to the 2005 shootings of relatives of a federal judge … Continue reading

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Plug or Perish

Entrepreneur Magazine’s Daily Dose recently spoke with Damon Dunn about two recent cases on First Amendment protection for public employees’ Facebook “likes”.  We previously discussed the cases here. Should a “Like” be protected as freedom of speech? Damon E. Dunn, … Continue reading

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Public Employees Sue After Being Fired for Facebook “Likes”

A federal judge in Virginia recently held that “liking” a Facebook post is not sufficiently expressive to warrant First Amendment protection.  One of the plaintiffs in Bobby Bland et al. v. B.J. Roberts alleged he lost his job with a … Continue reading

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