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Legal Drama

Wiretapping, SOPA, Occupy: 2011 Was a Tumultuous Year in Media Law

This piece is co-authored by Jeff Hermes and Andy Sellars. This year turned out to be one that could fit well in a Billy Joel song: peppered protesters, jailed journalists, Internet crusaders ... the list goes on. To recap a year that has been chock-full of shifts in media, we put together a list of the top 10 (plus...

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Legal Drama

Colleges Run Afoul of First Amendment in Barring Sports Journalists

College athletics are, in some ways, the epitome of what sports are supposed to represent. In our collective minds, college sports are pure, a reminder that decades ago, we too were once young, agile, and full of potential. Every season, alumni forced to move away from "dear ol' State" descend upon land-grant campuses in a tribal, nearly reflexive migration. But...

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Free Speech

Free Speech Concerns Could Sink Missouri's Social Networking Ban for Teachers

Last week, a Missouri judge issued a preliminary injunction against the state, suspending part of a law that would have made it illegal for teachers and students to connect via social networks. Section 162.069.4 of the Amy Hestir Student Protection Act -- which aims to protect children from sexual predators -- prohibits teachers from establishing, maintaining or using a "non-work-related...

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Legal Drama

What the Viacom vs. YouTube Verdict Means for Copyright Law

Some have called it a license to steal. To others, the recent Viacom v. YouTube court decision was no less than a trumpet heralding the protection of free speech on the Internet. And yet to a third contingency, Manhattan federal judge Louis Stanton's decision was really an exercise in high-minded legal theory. Regardless of your outlook on the case, it...

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Legal Drama

What Are the Legal Implications of PleaseRobMe?

They know where you sleep, and now they know where you get coffee. That was the message driven home by the recently created website PleaseRobMe.com. The site aggregates Twitter posts sent when a person uses Foursquare to check in at a location -- meaning they're basically telling the world that they're not at home at the moment. According to the...

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Legal Drama

Is It Legal for an Editor to Unmask an Anonymous Commenter?

On November 13, the St. Louis Post-Dispatch's website, StLToday, asked readers to comment on a story titled, "What's the craziest thing you've ever eaten?" Soon, a commenter posted a reply that included a "vulgar, two-syllable word for a part of a woman's anatomy," according to an online account by Kurt Greenbaum, the paper's director of social media. Editors at the...

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Legal Drama

Does Gawker's Publication of McSteamy Sex Tape Constitute Fair Use?

Editor's Note: new information was appended to this article on Dec. 15. It probably seemed like a fun idea at the time. Last year, Eric Dane, known as "McSteamy" from the show "Grey's Anatomy," his wife Rebecca Gayheart, and former beauty queen Kari Ann Peniche decided to make a home movie. Yes, that type of home movie. The threesome recorded...

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Legal Drama

It's Now or Never For Citizen Journalists and Federal Shield Law

When Sen. Charles Schumer amended the Senate's bill to exclude unpaid reporters, bloggers, and citizen journalists from a proposed federal shield law, many in the Internet and journalism community were outraged. In the wake of the change, MediaShift published an article that argued Why Bloggers and Citizen Journalists Deserve a Shield Law. [Ed. note: please see update at the bottom...

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