Tag Archives: first amendment

FESC: Sex offenders and anonymous speech

Posted on May 1, 2016 by rtushnet

David Post & Annemarie Bridy         Sex Offenders, Anonymous Internet Speech, and the Constitution  Discussant: Jonathan Hafetz: Anonymity doctrine v. federal/state sex offender notification acts, which impose identity disclosure requirements on sex offenders. Over 800,000 people, a quarter of whom were … Continue reading →

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FESC: The Supreme Court of Sign Review: Reed and Its Aftermath

Posted on May 1, 2016 by rtushnet

Urja Mittal      The Supreme Board of Sign Review: Reed and its Aftermath            Discussant: Enrique Armijo   Armijo says “reaffirmed” and Mittal says “redefined” 1A doctrine.  Facial question of whether the gov’t regulation is content-based; purpose has no role in that … Continue reading →

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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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