Tag Archives: first amendment

CustomMade doesn’t know about USOC’s anti-free-speech stance

Posted on August 15, 2016 by rtushnet

Or has taken Nick Fury’s excellent approach.  Consider this email below: pure truth, from all that appears.  Even assuming SFAA is still good law, shouldn’t the First Amendment protect this speech? From the Olympics to the jeweler’s bench: Nana Smith competed … Continue reading →

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IPSC Breakout Session III

Posted on August 12, 2016 by rtushnet

IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed.  Knowledge production framework as a way of doing descriptive empirical case studies of how privacy works in context, which can aid … Continue reading →

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Reading list: the First Amendment and the FDA

Posted on July 26, 2016 by rtushnet

Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading →

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Commercial speech: strategic issues

Posted on June 13, 2016 by rtushnet

Strategic Issues:  What questions are we asking now? Where is the law going?   Moderator:  Timothy L. Alger, Greenberg Traurig LLP: In today’s economy, what isn’t an ad?  Is the death of the commercial/noncommercial distinction inevitable?   A: depends on … Continue reading →

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Brand journalism: sponsored content/the 1A

Posted on June 13, 2016 by rtushnet

Brand Journalism, Sponsored Content and the First Amendment   Moderator:   Scott Dailard, Cooley LLP   Mary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices: We’re going to proceed as if there is a commercial/noncommercial divide.  To hold … Continue reading →

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The definition of commercial speech

Posted on June 13, 2016 by rtushnet

Commercial Speech:  The Definition Matters Moderators:  Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP   Steven G. Brody, Morgan, Lewis & Bockius LLP: We barely spoke about the definition of commercial speech. Why?  … Continue reading →

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The commercial/noncommercial boundary

Posted on June 13, 2016 by rtushnet

The Shifting Boundaries Between Commercial & Non-Commercial Speech Moderator:  Vince Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School   Tamara Piety, Phyllis Hurley Frey Professor of Law, University of Tulsa College of Law: Book, Brandishing the First Amendment.  … Continue reading →

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Judge Alex Kozinski likes free speech and Lochner

Posted on June 13, 2016 by rtushnet

Commercial Speech Conference, Abrams Institute   Interview: Who’s Afraid of Commercial Speech? — 26 Years Later   Ron Collins (Harold S. Shefelman Scholar, University of Washington, School of Law) & Judge Alex Kozinski (U.S. Court of Appeals for the Ninth … Continue reading →

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Amicus in Lanham Act/commercial speech case

Posted on May 31, 2016 by rtushnet

Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly). from … Continue reading →

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Consultant’s speech to potential customers wasn’t pure scientific speech protected by First Amendment

Posted on May 23, 2016 by rtushnet

Underground Solutions, Inc. v. Palermo, 2016 WL 2866099, No. 13 C 8407 (N.D. Ill. May 17, 2016)   Related decisions discussed from 2012, 2014, and 2015.  Plaintiff UGSI sued Palermo for trade libel and false advertising under California and federal … Continue reading →

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