Tag Archives: first amendment

Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks

Posted on October 1, 2015 by rtushnet

CTIA – The Wireless Association v. City of Berkeley, No. C-15-2529 (N.D. Cal. Sept. 21, 2015)   CTIA is a nonprofit that represents the wireless industry, including cell phone retailers.  Berkeley enacted an ordinance that requires cell phone retailers to … Continue reading →

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New paper on deceptive advertising from Seana Shiffrin

Posted on September 23, 2015 by rtushnet

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming: This paper considers how the law of deceptive advertising embeds within it an extended form of responsibility, … Continue reading →

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First Amendment invalidates anti-solicitation ordinance in tourist district

Posted on September 8, 2015 by rtushnet

FF Cosmetics FL Inc. v. City of Miami Beach, No.. 14-cv-22072, 2015 WL 5145548 (S.D. Fla. Aug. 31, 2015)   Plaintiffs run stores in Miami Beach, selling cosmetics, skin care, and beauty products on Lincoln Road, in the City’s historic … Continue reading →

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Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor’s harassment

Posted on August 26, 2015 by rtushnet

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5th Cir. Aug. 21, 2015)   The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade.  … Continue reading →

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DC Circuit panel doubles down on invalidating conflict minerals disclosure

Posted on August 24, 2015 by rtushnet

Nat’l Ass’n of Mfgrs v. SEC, No. 13-5252 (D.C. Cir. Aug. 18, 2105)   After the AMI en banc decision, the panel granted rehearing of National Association of Manufacturers v. SEC, 748 F.3d 359 (D.C. Cir. 2014).  The panel, over … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

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Can you patent the Barbra Streisand effect?

Posted on June 2, 2015 by rtushnet

Lawyer sues EFF over its stupid patent of the month award. from Blogger http://ift.tt/1dcXocP

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4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Posted on May 21, 2015 by rtushnet

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading →

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Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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