Category Archives: first amendment

BBB claims about its own ratings process not protected by First Amendment

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading

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Reading list: Christine Jolls on visual disclosures

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading

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Can you patent the Barbra Streisand effect?

Lawyer sues EFF over its stupid patent of the month award. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in defamation, first amendment, patents | Leave a comment

I intervene in SanMedica v. Amazon to disclose clickthroughs

Kind of a busy day.  With the invaluable help of Public Citizen, I filed a motion to intervene and unseal in the SanMedica case, in which the court redacted the number of clickthroughs received by Amazon as a result of its … Continue reading

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4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading

Posted in commercial speech, dilution, first amendment, trademark | Leave a comment

Garcia v. Google reversed; many sigh in relief

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading

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NPR on The Slants, with appearance by me

Link to the show is here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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