Colorado Gay Wedding Cake Case: Is Selling A Cake “Speech”?

The couple is on the left, the baker is on the right - no pun intended

On Tuesday The Supreme Court will hear oral argument on one of the most anticipated cases on the docket for this term: Masterpiece Cakeshop v. Colorado Civil Rights Commission Back in 2012, Charlie Craig and David Mullins were set to celebrate their wedding in Denver, after having been married in Massachusetts. Jack Phillips, a well… Continue reading Colorado Gay Wedding Cake Case: Is Selling A Cake “Speech”?

Shutting Down a Neo-Nazi Website Can Be More Dangerous Than the Neo-Nazis

Ah, that pesky Bill of Rights !

In an article published last night, TThe Electronic Frontier Foundation makes strong arguments why it was wrong for Google. Cloudflare and GoDaddy to refuse to continue to manage the domain of The Daily Stormer, a neo-Nazi website and magazine. Allowing these major controllers of the Internet to shut a site down based on legal content… Continue reading Shutting Down a Neo-Nazi Website Can Be More Dangerous Than the Neo-Nazis

Fed Ct. Rules First Amendment Stops Public Official From Blocking Social Media Followers

Ah, that pesky Bill of Rights !

A Virginia Federal Court has ruled that a public official’s blocking of a Twitter follower of the public official’s Facebook was a violation of the follower’s First Amendment rights. The caseDavidson v. Loudon County Board of Supervisors, involved the chair of the Loudoun County Board of Supervisors, Phyllis J. Randall. In her capacity as a… Continue reading Fed Ct. Rules First Amendment Stops Public Official From Blocking Social Media Followers

SCOTUS Ruling on “Slants” Trademark Leads to More Offensive Filings

Coming soon to a store near you?

Back on June 19, a unanimous Supreme Court struck down a law prohibiting the registering of “disparaging” trademarks, in a case dealing with an Asian-American band called “The Slants.” The ruling also ended the appeal filed by the Washington Redskins which had been denied a trademark for their name under the same provision. The Court… Continue reading SCOTUS Ruling on “Slants” Trademark Leads to More Offensive Filings

SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked

You can get this as long as the "R" isn't for "Racist"

In a case that presents a crossfire of First Amendment and intellectual property issues, the Supreme Court heard arguments yesterday in a case involving an Asian-American band that calls itself “the Slants.” The Slants had been denied a trademark for their name by the US Patent and Trademark Office (USPTO) under a Federal law that… Continue reading SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked

Getty Denies Knowing About French Lawyer’s Trolling on Its Behalf

Getty's position?

Having waged literally thousands of battles against Getty Images’ copyright trolling program I was not surprised to see that they engaged a French law firm to attack US authors for alleged defamation in France. That’s what happened to a client of mine recently who has a blog that exposes, challenges and criticizes Getty Images’demand letter… Continue reading Getty Denies Knowing About French Lawyer’s Trolling on Its Behalf

In Fear of Trump Libel Suit, ABA Stops Article Labeling Him “Libel Bully”

The Media Law Committee of the American Bar Association commissioned a study to analyze GOP Presidential candidate Donald J. Trump’s history of using lawsuits to stifle criticism. The study was commissioned after Trump issued a series of declarations that he was going to sue several news outlets critical of him. The study was done by… Continue reading In Fear of Trump Libel Suit, ABA Stops Article Labeling Him “Libel Bully”

Court Holds YouTube Rap Video Titled “F+ck The Police” Constituted Terrorist Threat

BREAKING NEWS: If you are stupid enough to upload a video to YouTube in which you threaten to shoot specific police officers (whom you name and who are scheduled to testify in your upcoming criminal trial) you might be labeled a terrorist! At least that’s what an Appellate Court in Pennsylvania told Rashee Beasley last… Continue reading Court Holds YouTube Rap Video Titled “F+ck The Police” Constituted Terrorist Threat

Harsh Yelp Review Leads to $1,000 Damage Award But Biggest Harm is to Free Speech Rights

Emily Fanelli hired a company called Mr. Sandless to refinish the floors in her Staten Island home for a fee of $695. Fanelli wasn’t happy with the finished product, or the “corrective actions” the company took after she complained. So she did what many other disgruntled consumers have done before – she complained online. She… Continue reading Harsh Yelp Review Leads to $1,000 Damage Award But Biggest Harm is to Free Speech Rights