Tag Archives: first amendment

First Amendment bars labeling restriction for “skim milk” without added Vitamin A

Ocheesee Creamery LLC v. Putnam, 2017 WL 1046104, — F.3d —-, No. 16-12049 (11th Cir. Mar. 20, 2017) The Creamery here succeeded in its First Amendment claim to use the words “skim milk” to describe its product. The Creamery produces … Continue reading

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Reading list: new governors of online speech

Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online Speech Harvard Law Review, Forthcoming Abstract Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that … Continue reading

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Doctor’s evaluation of another doctor’s treatment isn’t commercial speech

Tobinick v. Novella, No. 15-14889 (11th Cir. Feb. 15, 2017) Ultimately, despite a long battle, this is a relatively easy case about “the medical viability of a novel use for a particular drug.”  Dr. Tobinick (plaintiff, along with related entities) … Continue reading

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Identifying Boundaries in Patent and Trademark Law.

The American University Law Review is proud to present its annual Federal Circuit symposium,  Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine Farley, American University Washington … Continue reading

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Pipe dreams: expert spokesperson liable for false statements about competing product

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading

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It’s a Tam, Tam, Tam world

Along with a podcast for the American Constitution Center and an NPR interview running the morning of the Tam argument (next Wednesday), I’ll also be on a post-argument panel at AU–the panel before features none other than Tam himself. American … Continue reading

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Reading list: anti-surcharge rules and behavioral economics

Todd J. Zywicki, Geoffrey A. Manne & Kristian Stout, Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws I found this quite interesting, though I am much less skeptical … Continue reading

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