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Constitutional Law

Trump’s Twitter Executive Order is Legally DOA

After Twitter placed “Get the Facts” labels on President Trump’s false Tweets about massive voter fraud caused by mail-in voting, the POTUS went on a tirade against the social media giant, comparing the fact-checking labels to censorship (which it is not) and accusing the company of stifling conservative voices (though the president provided no examples […]

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Constitutional Law

1st Amendment Stops Trump from Blocking Twitter Followers but Allows NFL to Ban Kneeling

The First Amendment is causing quite a stir in social media as a result of two headlines this week: (1) A Federal Judge said that because the President’s Twitter feed is a public forum, he cannot ban any followers due to their speech and (2) The NFL stated that it will issues fines to teams […]

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Constitutional Law

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

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 […]

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Copyright Law Intellectual Property Litigation

Getty Images Loses Major Case Brought By Photographer Daniel Morel

To say that photo warehouse giant Getty Images just got a taste of its own medicine would be an understatement. In a 58-page decision issued on Jan. 14, Southern District on New York Judge Alison Nathan ruled that Getty, Agence France Presse (AFP), and The Washington Post infringed Morel’s copyrights by disseminating photos he took […]

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Constitutional Law Criminal Law Intellectual Property Litigation

Government Needs Only Subpoena Not Warrant To Get Twitter Feeds

Just this morning, a client asked me a question: Can his potential adversary use deleted, private Facebook messages between them as evidence in the breach of contract case he was thinking about bringing in court? (Of course if the adversary had not also deleted them, he could just introduce them that way, but the client […]