Tag Archives: first amendment

lawsuit against plaintiffs’ expert witness fails on First Amendment grounds

Posted on July 1, 2024 by rtushnet

LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. The court dismisses … Continue reading →

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Initial thoughts on Elster

Posted on June 17, 2024 by rtushnet

In part so as not to repudiate big chunks of Tam/Brunetti, the Court instead delivers a major rebuke to Reed v. Town of Gilbert, 576 U.S. 155 (2015) (content-based regulation triggers strict scrutiny), except it doesn’t tell us the scope … Continue reading →

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court remands NYC’s false advertising case against oil companies to state court

Posted on May 13, 2024 by rtushnet

City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee … Continue reading →

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

Posted on March 25, 2024 by rtushnet

R J Reynolds Tobacco Co. v. Food & Drug Admin., 2024 WL 1208111, — F.4th —-, No. 23-40076 (5th Cir. Mar. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit … Continue reading →

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Nominative fair use requires D to prevail on all 3 factors in 9th Circuit, district court concludes

Posted on March 21, 2024 by rtushnet

Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, — F.Supp.3d —-, No.: 2:20-cv-01344-JAD-MDC (D. Nev. Jan. 16, 2024) The court grants plaintiff’s motion for reconsideration of parts of this case, discussed previously. Axon alleged that LHB infringed Axon’s “Taser” mark. … Continue reading →

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WIPIP session 5: Anti-Circumvention

Posted on February 3, 2024 by rtushnet

Charles Duan, Property v. Property 1201 met connected devices—computers are everywhere. Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Netchoice amicus on behalf of Discord

Posted on December 7, 2023 by rtushnet

 Chris Sprigman and I just submitted this brief. The focus of the argument is the associational interests of Discord’s users, who want and need assistance from centralized content moderation in order to support their communities.  from Blogger http://tushnet.blogspot.com/2023/12/netchoice-amicus-on-behalf-of-discord.html

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Amicus brief on applying the Lanham Act to political speech post-JDI

Posted on December 6, 2023 by rtushnet

 In support of neither party. from Blogger http://tushnet.blogspot.com/2023/12/amicus-brief-on-applying-lanham-act-to.html

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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