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Tag Archives: first amendment
New piece on the right of publicity and its limits
Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). from Blogger http://ift.tt/2s6h652
a true story of a false advertising claim based on a “true story”
Incarcerated Entertainment, LLC v. Warner Bros. Pictures, No. 16-cv-1302 (M.D. Fla. May 10, 2017) Plaintiff alleged that it owned the rights to the life story of Efraim Diveroli and sued Warner for false advertising and unfair competition, based on Warner’s … Continue reading
split panel upholds Berkeley cell disclosure law
CTIA-The Wireless Ass’n v. City of Berkeley, No. 16-15141 (9th Cir. Apr. 21, 2017) A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them … Continue reading
Reed invalidates highway sign distance and permit regulations
Thomas v. Schroer, 2017 WL 1208672, No. 13-cv-02987 (W.D. Tenn. Mar. 31, 2017) Reed may or may not work a sea change in First Amendment law generally, but it has definitely worked a sign change. The Tennessee Department of Transportation … Continue reading
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
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
