Tag Archives: first amendment

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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Court upholds SF’s required warning on sugar-sweetened beverage ads, including pure logos

Posted on May 23, 2016 by rtushnet

American Beverage Association v. City & County of San Francisco, No. 15-cv-03415 (N.D. Cal. May 17, 2016)   The court denied plaintiffs’ attempt to enjoin a sugar-sweetened beverage warning imposed on certain soda ads by San Francisco.  The warning is: … Continue reading →

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Notre Dame Deception Roundtable, part 3

Posted on May 20, 2016 by rtushnet

Session 3 – Defamation and Speech Discussion Leaders: Amy Gajda, Rebecca Tushnet, Eric Goldman, Jessica Silbey   Silbey: Alvarez and a theory of deception as speech. The three opinions are helpfully, though perhaps erroneously, talking about bad speech in three … Continue reading →

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First Amendment/commercial speech conference in NYC, June 13

Posted on May 18, 2016 by rtushnet

Via Ron Collins at Concurring Opinions: On Monday, June 13th (8:45 a.m. – 2:30 p.m.) the Floyd Abrams Institute for Freedom of Expression will host a major conference on the commercial speech doctrine. The event will take place in New York City. → Click here to register … Continue reading →

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Second Circuit narrowly interprets materiality for Lanham Act purposes

Posted on May 18, 2016 by rtushnet

Apotex Inc. v. Acorda Therapeutics, Inc., — F.3d —-, 2016 WL 2848911, No. 14–4353–cv (2d Cir. May 16, 2016)   The parties compete to make tizanidine, a drug for treating spasticity. Apotex alleged that Acorda (i) filed a sham citizen … Continue reading →

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FESC: Choosing between approaches to 1A interpretation

Posted on May 1, 2016 by rtushnet

Andrew Tutt   Choosing Between Approaches to First Amendment Interpretation  Discussant: Vince Blasi   Fundamental questions of the options in interpretive methodology and criteria for choosing among them.  Main takeaway: values, assessing and implementing them, have no place in interpretation of … Continue reading →

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FESC: Regulation by Internet Intermediaries

Posted on May 1, 2016 by rtushnet

Regulation by Internet Intermediaries Moderator: Jack Balkin Emma Llanso & Rita Cant     “Internet Referral Units”: Co-Option of Private Content Moderation Systems for Extralegal Government Censorship Kate Klonick, discussant: Most UGC platforms have content standards to which users agree.  Impermissible nudity, … Continue reading →

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