Category Archives: first amendment

WIPIP: First Amendment

Posted on February 8, 2014 by rtushnet

Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem?  Similar to ©: can prevent other people from saying what they want to say, how … Continue reading →

Posted in copyright, dilution, first amendment, http://schemas.google.com/blogger/2008/kind#post, patent, trademark | Leave a comment

Works in Progress in IP, part 1

Posted on February 7, 2014 by rtushnet

WIPIP Session 1: Copyright Theory, Parlor C Chris Buccafusco & David Fagundes, The Moral Foundations of Copyright (Fagundes presenting) Copyright is deeply moral; best explained by moral foundations theory; these are descriptive claims. Normative claims: how we talk about copyright/how … Continue reading →

Posted in copyright, first amendment, http://schemas.google.com/blogger/2008/kind#post, music | Leave a comment

Harvard Law Review Symposium on Freedom of the Press

Posted on January 31, 2014 by rtushnet

Copied from Balkinization.Harvard Law Review Symposium 2014: Freedom of the PressA conference in celebration of the 50th anniversary ofNew York Times Co. v. Sullivan, 376 U.S. 254 (1964).February 15, 2014Harvard Law SchoolAustin North8:45 Breakfast9:20 Introduction:Mark TushnetHarvard Law School“Reflections on the … Continue reading →

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Second Circuit allows one mandatory pregnancy center disclosure

Posted on January 22, 2014 by rtushnet

Evergreen Ass’n, Inc. v. City of New York, — F.3d —-, 2014 WL 184993 (2d Cir. 2014) The City appealed from a preliminary injunction against Local Law 17, which required pregnancy services centers to make certain disclosures about their services. … Continue reading →

Posted in disclosures, first amendment | Leave a comment

Taking on notorious criminal’s persona is protected by First Amendment

Posted on December 28, 2013 by rtushnet

Ross v. Roberts, No. B242531, 2013 WL 6780578 (Cal. Ct. App. Dec. 23, 2013) Ricky Ross, aka Rick Ross and “Freeway” Ricky Ross, “is a former criminal who achieved some sort of celebrity status due, in part, to the enormous … Continue reading →

Posted in first amendment, right of publicity | Leave a comment

Publisher can’t maintain Lanham Act claim against satirical blog post

Posted on December 2, 2013 by rtushnet

Farah v. Esquire Magazine, No. 12–7055, 2013 WL 6169660, — F.3d – (D.C. Cir. Nov. 26, 2013) Mark Warren wrote a blog post on Esquire Magazine’s Politics Blog.  The entry was posted one day after the release of Jerome Corsi’s … Continue reading →

Posted in defamation, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Soul man is sad man

Posted on November 1, 2013 by rtushnet

Moore v. Weinstein Co., LLC, No.12-5715 (6th Cir. Oct. 31, 2013) Sam Moore, half of the music duo Sam & Dave sued a number of defendants related to the 2008 fim Soul Man and its accompanying soundtrack.  The court of … Continue reading →

Posted in dilution, first amendment, right of publicity, trademark | Leave a comment

Student-athletes’ right of publicity claims can ground antitrust claims

Posted on October 29, 2013 by rtushnet

In re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. C 09-1967 (N.D. Cal. Oct. 25, 2013)  Plaintiffs, current and former college athletes, sued the NCAA; they also sued Collegiate Licensing Company and Electronic Arts, but settled those claims.  This … Continue reading →

Posted in antitrust, first amendment, right of publicity | Leave a comment

First Amendment bars Lanham Act claim against university article repository

Posted on October 28, 2013 by rtushnet

Pellegrini v. Northeastern University, No. 12–cv–40141, 2013 WL 5607019 (D. Mass. Aug. 23, 2013) (magistrate judge) The magistrate began by characterizing this case as a high-stakes dispute involving “the First Amendment rights of a university and one of its faculty … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

law barring "surcharge for credit" signs unconstitutional

Posted on October 17, 2013 by rtushnet

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading →

Posted in advertising, antitrust, commercial speech, disclosures, first amendment | Leave a comment