First Amendment

Pissed Consumer has published an article about the new case of Marc Randazza. Mr. Randazza has won a First Amendment case for Dr. Steven Novella who was sued for publishing his opinions about a controversial Alzheimer’s treatment. He was brought to trial for defamation, but Marc...

by Jay Marshall Wolman, CIPP/US By now, practically everyone who cares has heard that Magistrate Pym has ordered Apple to help the FBI crack open an iPhone related to the San Bernadino shooting.  The order is pursuant to the All Writs Act, codified at 28 U.S.C. sec....

by Jay Marshall Wolman My recent post on the Ninth Amendment got me thinking about Griswold v. Connecticut, and its progeny, including Lawrence v. Texas.  Although the latter explicitly stated it wasn't ruling on prostitution, it didn't say it wasn't protected. Assuming a logical thread from Griswold, the case law is...

by Jay Marshall Wolman As an employment lawyer who works for a 1st Amendment firm, I try to keep up with developments in both areas.  Sometimes, they overlap, as they did in my Twitter feed recently.  (Blatant self-promotion, feel free to follow me @wolmanj ). In Trusz...

You remember that episode, where Michael Scott declares bankruptcy? [youtube=https://www.youtube.com/watch?v=HuGIgf-ICHM] Keep that in mind for this lesson, kids. This happens to all of us, from time to time. A lawyer sends you a letter with some threatening language on it that he thinks accomplishes...

If you don't know what the deal is with prior restraint, here, watch: [youtube=https://www.youtube.com/watch?v=pn-kxUEySy0] There. Simple. Right? THE SUPREME COURT HAS ROUNDLY REJECTED PRIOR RESTRAINT! I wish I could just submit that clip to the next judge who even considers granting one. Just...

I've been involved in the debate over whether we should criminalize "revenge porn." As much as I despise the practice, I don't agree with new criminal laws to punish it. In fact, I just spent some time on a panel at Stanford Law...

By Reed Lee, Esq. Today rings in the 50th anniversary of the SCOTUS decision in New York Times v. Sullivan. In my view, this was the single most important free speech case the United States Supreme Court has ever decided. Alexander Mieklejohn described the...

This is not a Star Trek order.  There are no pithy jokes here.  There is, however, a shocking exposé of just how insidious the government can be in coercing silence when you speak out against outdated, incorrect, and even dangerous "conventional wisdom." Cooksey v. Futrell, et...

[caption id="attachment_18317" align="alignleft" width="175"] Nevada's Anti-SLAPP law, freshly signed. [/caption]You may have noticed that the writing has been a bit slow as of late. Well, one of the things that has been taking our attention away has been an all-hands effort up in...

By Jay Wolman In a page out of Rakofsky vs. The Internet, it appears that one of the law firms and attorney groups frequently criticized as representing copyright trolls, Paul Duffy, John Steele, and Prenda Law, has gone on the offense against its critics. More...