Tag: first amendment

by Jonathan Peters

Since the 1970s, the Federal Communications Commission (FCC) has regulated indecency in broadcast programming. It has enforced laws that prohibit broadcasters from airing, at least during certain hours, any “patently offensive” sexual or excretory material. And since the 1970s, broadcast outlets have attacked the FCC for doing so. They’ve challenged the agency’s authority, as well [...] more »

by Rob Arcamona

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 [...] more »

by Rob Arcamona

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, [...] more »

by Jonathan Peters

Click here to read all the year-end roundups This year’s been a big one. Spain won the World Cup. Lindsay Lohan went to jail. Don Draper married his secretary. And, of course, the federal courts waded into some of the thorniest legal issues affecting new media. Three cases stand out from the rest of 2010’s [...] more »

by Jeffrey D. Neuburger

In June of this year, the personal email account of a Twitter employee was accessed, apparently as a result of an insecure password. By Twitter’s own account, the unauthorized access to that account was the first in a series of actions that ultimately gained the hacker (who calls himself “Hacker Croll”) access to Twitter corporate [...] more »

by Jeffrey D. Neuburger

As newspapers are closing or abandoning their print editions, online news sources are growing in importance — as are sites that rely on user-submitted news stories. But with so much unfiltered news content available online, how do you separate the accurate from the inaccurate and truth from parody? You might think that traditional news sources [...] more »

by Jeffrey D. Neuburger

In 1998, the U.S. Congress enacted the Child Online Protection Act (COPA), a law intended to control child access to sexually explicit material on the Internet. The law was immediately challenged on free speech and other grounds and its enforcement was delayed. After ten years of litigation, on January 22 the U.S. Supreme Court dealt [...] more »

by Jeffrey D. Neuburger

“…in cyberspace, the First Amendment is a local ordinance.” That’s a remark famously made in 1997 by John Perry Barlow, one of the co-founders of the Electronic Frontier Foundation. Barlow’s complete statement is well worth re-reading but one implication of this particular remark is that the reach of American constitutional values may be limited by [...] more »

by Jeffrey D. Neuburger

Political campaigns often produce a blizzard of ancillary election-related litigation — for an example, just look to the 2000 presidential campaign. When the press reports anonymous accusations during an election campaign, sometimes that litigation involves lawsuits by candidates or public officials seeking to learn the identity of those anonymous sources. In many states, newspapers and [...] more »