Last week’s Supreme Court decision in Sorrell v. IMS Health Inc. signified a subtle yet important shift in commercial speech interpretation that may precede increased corporate strength in the legal arena. The opinion, by Justice Kennedy, argues that Vermont did not have grounds to ban pharmaceutical data-mining as it is a form of non-deceptive commercial information-sharing that is [...]
In the wake of the Wikileaks controversy, the Obama administration has increased its efforts to punish government officials accused of leaking classified information to the news media. While the Justice Department has the right to hold FBI, NSA and CIA employees to the confidentiality agreements in their contracts and keep certain information classified, these initiatives are undermining First [...]
On June 27, 2011, the Supreme Court put an end to the attempts of state and local lawmakers to censor violent video games. Or at least, one hopes so. After two decades of political grandstanding, vaguely drafted laws, and unproven claims that “excessive” or “gratuitous” violence in this particular medium of entertainment has harmful effects on children and teenagers, Justice [...]
The Court has struck down a California law banning the sale of video games deemed to be "violent" on First Amendment Grounds.
A recent surge in vulnerability to search and seizure, despite protection under the Fourth Amendment, is creating a climate of fear of punishment for constitutional free expression. Multiple stories this week share the theme of government interpretation of the Fourth Amendment infringing on the rights of the public. If professionals and the public must live in fear of [...]
The Electronic Entertainment Expo (E3) is known for exhibiting a panoply of video game products and innovations, so IGN blogger Michael Tomeson recently quested to find video games dealing with sex. Despite a medium that presents simulated activities ranging from invading Normandy to designing entire civilizations, Tomeson noted the continuing informal ban on sexual content within the mainstream game market. [...]
A recent article by Meghan Cox Gurdon in the Wall Street Journal argues that the grim, gory, and dark shadow cast over the genre of young adult literature is inappropriate for its target readers. This controversial review exposes the fear of many parents who worry about children’s exposure to realities believed to be too mature. Cox Gurdon suggests that free [...]
The U.S. 3rd Circuit Court of Appeals has ruled that two students who both created fake MySpace profiles parodying their school principals had been unfairly disciplined by their respective school districts.
On Monday, June 13th 2011, the U.S. 3rd Circuit Court of Appeals ruled that two students who both created fake MySpace profiles parodying their school principals had been unfairly disciplined by their respective school districts. In both cases, the Court found that the schools had not shown that the students’ actions were sufficiently disruptive of school activities to justify disciplinary [...]
Online predators! Cyberbullying! Privacy! There are a lot of fears about how young people are growing up online. And, since these are young people we're talking about, those fears often turn into full-blown panics (with help from the occasional, sensational news report). Good decisions are rarely made in a panic, however. To help kids navigate the world of instant communication in which they live, we need to take a step back and examine the facts and our fears.
LA MOCA's new director, Jeffrey Deitch, ordered a mural commissioned by the museum whitewashed within hours of its creation because of fear that its anti-war message would offend the museum's neighbors: a Veteran Hospital and a memorial to Japanese-American soldiers. A Department Of Education "Dear Colleague" letter on bullying worries First Amendment advocates because of its expansive definition of verbal [...]
Many book censorship incidents start with a single complaint seeking to remove one or more books from a school classroom or library. But what is at stake is more than a few books. Often battles over books represent an effort to imbue the public schools with a particular set of views and values. That’s why so many book censorship cases become emotionally loaded crusades.
Funeral Protests, Copyright, and FCC decency regulations
In the fall of 2010 culture wars rhetoric seemed like a thing of the past, remembered alongside attacks on the National Endowment for the Arts and Congressional saber-rattling about “offensive” art. What a difference twenty years made: the National Portrait Gallery in Washington was mounting Hide/Seek, a show on queer portraiture in art, and Congress was voting to repeal the military’s repressive “don’t ask don’t tell” policy. It almost appeared as if the old cultural battle-axes had been buried.
Nudity in art appears to be controversial whether exhibited in a public space in the US, or created by India’s most renowned artist. And so is the artistic treatment of religious icons. India’s greatest contemporary artist, M. F. Hussain, died June 9th, 2011, at 95, still in self-imposed exile caused by the hundreds of legal cases filed against him in [...]
One more public exhibition space forgot about their obligations under the First Amendment and removed artwork they found subjectively "offensive." In April this happened in California, this time it was Colorado. To their credit, however, local officials quickly corrected their mistake when reminded by NCAC's letter that it is not the role of public officials to shield the eyes of the public from work because they subjectively decides it is not “family-friendly.”
Social media has reached a level of pervasiveness that cannot be ignored - and corporations are paying very close attention. Earlier this year, Goldman Sachs received flak for banning Facebook at work while investing $450 million in the company. Perceived hypocrisy may have played a role, but acknowledging the chilling effect that corporate 'social media policies' have on free speech is another [...]
Senator Patrick Leahy (VT) has introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP) to replace last year’s failed Combating Infringement and Counterfeits Act (COICA). Supposedly a new and improved version of COICA, the PROTECT IP act is aimed at denying access to "pirate" or "rogue" websites "dedicated to infringing activities,” [...]
Senator Patrick Leahy (VT) has introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP) to replace last year’s failed Combating Infringement and Counterfeits Act (COICA). Supposedly a new and improved version of COICA, the PROTECT IP act is aimed at denying access to “pirate” or “rogue” websites “dedicated to infringing activities,” especially [...]
While paying lip service to the fact that fair use is the way in which the inherent tensions between the First Amendment and copyright law may be resolved, Judge Batts’s recent decision for the Southern District of New York in Cariou v. Prince preserved fair use protection for only those works that comment on or criticize the original copyrighted [...]
While paying lip service to the fact that fair use is the way in which the inherent tensions between the First Amendment and copyright law may be resolved, Judge Batts’s recent decision for the Southern District of New York in Cariou v. Prince preserved fair use protection for only those works that comment on or criticize the original copyrighted work. While Batts [...]
