Category Archives: first amendment

Reading list: false advertising and prior restraint

Posted on April 7, 2014 by rtushnet

Corinne Stuart, The Applicability of the Prior Restraint Doctrine to False Advertising Law(Winter v. Natural Resources Defense Council, Inc., 129 S. Ct. 365, 2008), 21 Geo. Mason L. Rev. 531-555 (2014).  Argues that prior restraint doctrine should be applied to … Continue reading →

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mandatory disclosure doesn’t have to correct deception

Posted on April 2, 2014 by rtushnet

American Meat Institute v. United States Department of Agriculture, No. 13-5281 (D.C. Cir. Mar. 28, 2014) The court rejects challenges to meat labeling rules that demonstrate once again that commercial speech regulation and the post-Lochner settlement are inextricably linked. Here, … Continue reading →

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pregnancy center isn’t commercial speaker; common sense can’t justify mandated disclosure

Posted on March 14, 2014 by rtushnet

Centro Tepeyac v. Montgomery County, No. DKC 10–1259, 2014 WL 923230 (D. Md. Mar. 7, 2014) The court enjoins Montgomery County’s attempts to make an anti-abortion counseling center conspicuously disclose that they don’t have medical personnel on staff and that … Continue reading →

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state can regulate health referral provider’s speech about potential benefits

Posted on March 11, 2014 by rtushnet

1-800-411-Pain Referral Service, LLC v. Otto, 2014 WL 904190, No. 13-1167, — F.3d —- (8th Cir. Mar. 10, 2014) My discussion of the opinion below.  411-Pain advertises extensively and connects callers to health care providers or attorneys in their areas.  … Continue reading →

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Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

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HLR Free Speech Symposium: Jack Balkin, Old School/New School Speech Regulation

Posted on February 18, 2014 by rtushnet

Speech presupposes an infrastructure. Sometimes obvious, sometimes not.  NYT isn’t simply the print on the page, it’s a staff and a building and printers and printers’ unions and delivery trucks and ad agencies and all the infrastructure that allows that … Continue reading →

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HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

Posted on February 17, 2014 by rtushnet

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading →

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HLR Free Speech Symposium: Marvin Ammori, Free Speech Lawyering in the Age of Google and Twitter

Posted on February 17, 2014 by rtushnet

Ben Lee, as a second year, interned at the firm that represented the NYT in NYT v. Sullivan. Now a lawyer for Twitter: 50 years from now when we think of the major episodes in free expression law, we’ll remember … Continue reading →

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HLR Symposium, Panel 2: Sonja R. West, Press Exceptionalism

Posted on February 17, 2014 by rtushnet

Right now reporters have no special protections against trespass, breach of duty of loyalty, having their newsrooms searched, etc.  Journalists who receive leaks can be treated as criminals under some circumstances. No special right of access to places/meetings: if we … Continue reading →

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HLR symposium on freedom of the press: Mark Tushnet & Susan Crawford

Posted on February 17, 2014 by rtushnet

Harvard Law Review Symposium 2014: Freedom of the Press Introduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the … Continue reading →

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