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Sarah Palin’s Suit Against The New York Times Faces Some Key Challenges

by Akin Gump - Excubitor on

On June 27, Sarah Palin, former Alaska governor and vice-presidential candidate, filed a complaint against The New York Times for defamation in the Southern District of New York. Palin alleges a Times editorial defamed her by...more

The 2017 Texas Legislative Session: A Mixed Bag for Texas Newsrooms

by Jackson Walker on

In football, blocking and tackling is as important as connecting on a long pass. In a legislative session that was tough going for advocates of open government and news reporting, a tenacious defense won more victories than...more

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the...

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to...more

Of Free Speech and Thick Skin

by Jackson Walker on

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

NC Legislative Update: May 2017 #3

by Nexsen Pruet, PLLC on

This Week - Following the passage of the Senate budget proposal last week, the Senate had a fairly light calendar this week. The House continued to work while House budget writers draft their own budget proposal. The...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Wells Fargo’s Board Chair, Stephen Sanger, did survive his reelection vote the other day. Barely. But Breakingviews thinks he should think awfully hard about his future as a Director at the bank....more

The Trump Administration Retweets and Retreats

by Jackson Walker on

Perhaps now more than ever before, Twitter takes center stage for social and public discourse. Many have wryly commented that we elected a “Tweeter-in-Chief” with President Trump, due to his prolific tweeting about...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible....more

First Amendment Implications of Nomination of Judge Neil Gorsuch for Supreme Court

by Jackson Walker on

While President Trump’s Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit is expected to face withering scrutiny over the politically incendiary topics of abortion and gun rights, Jackson Walker attorney Shannon...more

Presidents and the Press

by Jackson Walker on

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...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

Who’s Responsible for Policing Fake News?

by Jackson Walker on

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

Facebook Fake News Problem May Impact Businesses Operating Open Web Sites

by Butler Snow LLP on

Recent criticisms lobbed at Facebook for fake news stories on its platform that allegedly tipped the election in Donald Trump’s favor may spell trouble for businesses operating open websites where users can post content. ...more

The First Amendment: Without a Friend in the 2016 Election Cycle?

by Jackson Walker on

With Election Day less than two weeks away, it’s an interesting time for the First Amendment. Unlike the Second Amendment where party lines appear strong, the 2016 presidential candidates’ stance on First Amendment issues and...more

Ballot Selfie: Forbidden Photo or Constitutional Right?

by Ward and Smith, P.A. on

As Election Day approaches, we are reminded of an adage as timeless as the republic itself: "Pics or it didn't happen." In our social media-obsessed world, many people document their everyday lives on Facebook or Instagram. ...more

Social Media Platforms and a Company’s Right to Free Expression

Political campaigns have increasingly turned to social media as a channel to reach voters. Social media not only has the power to reach audiences numbering in the billions, but it also has the power to change the behavior of...more

Federal Judge: Arkansas Law Prohibiting Political Robocalls is Unconstitutional

by Clark Hill PLC on

A federal judge in the U.S. District for the Eastern District of Arkansas recently held that an Arkansas state law prohibiting political robocalls is unconstitutional. Under the Arkansas Code, - It is unlawful for...more

Arkansas Ban on Political Robocalls Struck Down

by Klein Moynihan Turco LLP on

A federal judge for the District Court in Little Rock, Arkansas ruled this week that a 1981 State law banning political robocalls is unconstitutional. The ruling comes less than a year after a federal court overturned a...more

The Death Of Alexander Hamilton And The Birth Of The American Free Press

Alexander Hamilton has more to do with American independence than you might think. His efforts as a Founding Father (the hottest Founding Father on Broadway, it should be noted) helped the United States achieve political...more

TCPA Under Scrutiny in Court and by Senate

by Ballard Spahr LLP on

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

Are Changes in Store for the Stored Communications Act?

by Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Miller Canfield Secures Court Order Stopping Enforcement of Law Barring Objectively Neutral Speech by Public Officials

by Miller Canfield on

On February 5, 2016, United States District Court Judge John Corbett O’Meara issued an Opinion and Order granting a preliminary injunction and blocking enforcement of §57(3) of the Michigan Campaign Finance Act, which barred...more

Media and political campaigns: From the era of free air time to that of free online advertising

by Dentons on

The increasing influence of mass media in political campaigns has been an issue of concern for campaign finance regulators worldwide during the past decades. The role of media often goes beyond merely informing the citizens...more

Federal District Court Strikes Down Law That Bans Ballot Selfies

The U.S. District Court for the District of New Hampshire recently struck down on First Amendment grounds a 2014 amendment to New Hampshire Revised Statute 659:35 that made it illegal for New Hampshire voters to post pictures...more

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