Tag Archives: first amendment

FESC: Relax about Town of Gilbert

Posted on May 1, 2016 by rtushnet

Enrique Armijo           Town of Gilbert: Relax Everybody    Presenter: Derek Bambauer   Argues that criticism of Reed is overblown/misplaced; argues in favor of the outcome.  Cleaned up dicta that caused lower courts to conflate content and viewpoint discrimination. Gilbert two step: … Continue reading →

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FESC: Trademark Registration and Free Speech

Posted on April 30, 2016 by rtushnet

Rebecca Tushnet        TheFirst Amendment Walks Into a Bar: Trademark Registration and Free Speech   Presenter: Deven Desai: Latest Trojan Horse in 1A law. §2(a) allows denial of registration for disparaging marks.  This piece of TM law is a chance to … Continue reading →

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FESC: First Amendment Theory and Coverage

Posted on April 30, 2016 by rtushnet

First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer      Information Libertarianism Presenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech.  Critiques existing identification of “new Lochnerism” as an explicitly … Continue reading →

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FESC: Hate Speech, Political Conversations, and Citizenship

Posted on April 30, 2016 by rtushnet

Brian Hutler    Hate Speech, Political Conversations, and Citizenship           Maggie McKinley: Tension b/t speech and protection of minorities.  Integration of distinctive communities and institutions leads to conversations, especially b/c most integrations are by force.  Exposed for some scholars the failures … Continue reading →

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Freedom of Expression Scholars Conference at Yale: Search Engines and Free Speech

Posted on April 30, 2016 by rtushnet

Heather M. Whitney & Robert Mark Simpson: Search Engines and Free Speech Coverage   Discussant: Heidi Kitrosser: Are search engine results covered by the 1A? Larger question of how we decide what’s salient is part of the paper.  Survey relevant … Continue reading →

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Empirical analysis of chilling effects

Posted on April 29, 2016 by rtushnet

Jon Penney discusses his research on chilling effects, including chilling effects from DMCA takedowns and government surveillance.  The paper on government surveillance and Wikipedia is here; the abstract for the DMCA piece is here. from Blogger http://ift.tt/1T9NKF9

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Cardozo Law Advertising Conference Panel 2: Native Advertising

Posted on February 26, 2016 by rtushnet

Moderator Felix Wu | Professor and Faculty Director, Cardozo Data Law Initiative, Benjamin N. Cardozo School of Law   Panelists: Shelly Paioff | Deputy General Counsel & Head of Legal, US, Taboola: Taboola is a content recommendation platform—publishers like NBC, … Continue reading →

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Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

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Second Circuit upholds law against “credit surcharges” that allows “cash discounts”

Posted on February 22, 2016 by rtushnet

Expressions Hair Design v. Schneiderman, 803 F. 3d 94 (2d Cir. 2015)   Somehow I missed this when it came out last September! New York General Business Law § 518 provides that “[n]o seller in any sales transaction may impose … Continue reading →

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IPSC Session 2: Trademark 1

Posted on February 19, 2016 by rtushnet

Trademark 1   Paul Heald, Testing Theories of Tarnishment in Trademark and Copyright Law   Tarnishment should be treated like false advertising: you should have to prove some (likely) damage to your TM to win, rather than presumptions.  Tarnishment is … Continue reading →

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