Tag Archives: first amendment

law firm raises significant 1A questions over nursing home-specific advertising law

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading

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Drawing the Line Between “News” and Commercial Speech

Panel 3 at the Abrams Institute conference Moderator:  Terri Seligman – Partner and Co-Chair of the Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz: newsworthiness/editorial value when there’s a commercial component. As an advertising lawyer, thinks of … Continue reading

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The Consumer “Right To Know” Versus the First Amendment

Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading

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Commercial Speech & the First Amendment

From Yale Law School’s Abrams Institute for Freedom of Speech: Commercial Speech and the First Amendment Floyd Abrams: does commercial speech protection affect non-commercial speech law, for example by decreasing protection for political speech?  We’ve found that political speech proponents … Continue reading

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Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading

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Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading

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“prevailing price” regs not unduly vague, but commercial speech doctrine may still defeat them

People v. Superior Court, — Cal.Rptr.3d —-, 2019 WL 1615288, No. B292416 (Ct. App. Apr. 16, 2019) The Los Angeles City Attorney asserted claims under California consumer protection law against the real parties in interest, including J.C. Penney, alleging that … Continue reading

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Oklahoma’s Indian arts & crafts consumer protection law preempted by federal law

Fontenot v. Hunter, No. CIV-16-1339-G  (W.D. Okla. Mar. 28, 2019) Oklahoma’s American Indian Arts and Crafts Sales Act of 1974 was amended in 2016 to exclude from its definition of “American Indian” all persons but citizens or enrolled members of … Continue reading

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading

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Honey Badger don’t care for different reasons: court fixes artistic relevance but still doubles down on transformativeness

Gordon v. Drape Creative, Inc., No. 16-56715 (9th Cir. Nov. 20, 2018) Previous opinion discussed here; amicus brief that may have influenced the court to withdraw that opinion and put out a superseding one here. The court found a triable … Continue reading

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