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Communications & Media Civil Rights Constitutional Law

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Judge dismisses ADA website lawsuit

In September 2016, we published an alert that a group of plaintiff’s ADA lawyers had threatened a number of businesses – including hotels – with litigation claiming their websites failed to comply with “ADA Guidelines.” These...more

Executive and Judiciary Showdown over the Whistleblower Protection Act

by NAVEX Global on

The new administration’s recent decree that certain federal agencies refrain from communications with the media sets up a showdown between the executive and judicial branches of government. ...more

From sports and entertainment to politics and social justice—when worlds collide in your workplace

by FordHarrison on

It’s everywhere. Whether you like it or not, you can’t escape it. While the topics of politics and social justice are undoubtedly important discussions to have in our country, the reality is that they now seem ever present....more

ACLU Suing To Limit The Scope Of The Computer Fraud And Abuse Act And Promote Research Of Online Discrimination

by King & Spalding on

On June 29, 2016, the American Civil Liberties Union filed a lawsuit against Loretta Lynch in her official capacity as the United States Attorney General to challenge the constitutionality of a provision of the Computer Fraud...more

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

by Ballard Spahr LLP on

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

Federal Judge Rules Against NSA Telephone Surveillance Program

by King & Spalding on

On Monday, November 9, Judge Richard Leon of the U.S. District Court for the District of Columbia ruled, in Klayman v. Obama, against part of the National Security Agency’s (“NSA”) surveillance program that collects domestic...more

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

by Pepper Hamilton LLP on

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

A Moment of Simple Justice - Snitching Ain't Easy [Video]

by Mimesis Law on

Nov. 3, 2014 (Mimesis Law) -- The DEA gets into the business of making fake Facebook profiles of informants and Scott sorts through the damage....more

Reading the NLRB Signs at the Triple Play Sports Bar

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted...more

Where is the Internet?

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Bill of law on Internet-related matters is voted in Brazil

by DLA Piper on

The so-called “Marco Civil da Internet” (i.e. the Bill of Law 2,126/2011, which establishes a civil rights framework for the Internet) was voted and approved by the Brazilian House of Representatives (Câmara dos Deputados)...more

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

by Davis Wright Tremaine LLP on

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

Court Upholds New Jersey’s Ban on Unemployment Discrimination in Job Advertisements

New Jersey’s law prohibiting discrimination against the unemployed in job advertisements – the first of a new crop of similar state and municipal laws – is constitutional, according to a recent New Jersey appeals court...more

(A Short History of) The Misuse of Trademarks to Control Free Expression

by Ronald Coleman on

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

by Littler on

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

Facebook “Like” Is Protected First Amendment Speech

by Gray Reed & McGraw on

I don’t often make predictions on legal outcomes, so when I do and I get it right, it’s worth sharing. In May, we talked about whether “liking” a candidate would constitute protected speech under the First Amendment. A...more

Fenwick Employment Brief - September 2013: EEOC Sued for Unauthorized Mass Solicitation E-mail to Company Employees

by Fenwick & West LLP on

After sending 1,330 e-mails to employees of Case New Holland, Inc. and its affiliates in an alleged effort to solicit plaintiffs to commence a class action lawsuit, the federal EEOC found itself on the receiving end of a...more

Foreign blogs cannot ignore local courts

by DLA Piper on

The Italian Supreme Court held in relation to a foreign blog where articles inciting to racial hatred were posted that the crime of racist criminal organization and the jurisdiction of Italian courts were applicable if the...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Opinion and Order Denying Disclosure of Identity of Anonymous Website CommentersNew York

by Ronald Coleman on

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

The Employment Law Authority - May/June 2013

I This Issue: - “Facebook Firing” Ruling Favors Employer - Workplace Strategies Hits New Highs - EEOC Issues Updated Guidance For Specific Disabilities - Genetic Discrimination Suit Settles - Third Circuit Sides...more

Warrantless Searches of Electronic Communication

by Snell & Wilmer on

Recent news about federal executive agencies obtaining information on private citizens without warrants has many Americans concerned about an erosion of civil liberties. Both the Internal Revenue Service (IRS) and the...more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

NJ Court Upholds OPRA Denial Over Personnel Records

by Sheri Siegelbaum on

NJ Court Upholds OPRA Denial Over Personnel Records by Sheri Siegelbaum on May 13, 2013 The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open...more

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