Constitutional Law Communications & Media

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple...more

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Chinese Website Operator Dismissed from Copyright Infringement Suit in United States

D.C. District Court lacks personal jurisdiction over Chinese video hosting website, providing guidance for analyzing jurisdiction over foreign internet companies. US law governing whether a court has personal...more

Stop The Press’s Anti-SLAPP: Federal Judge In Georgia Denies CNN’s Motion To Strike In Defamation Suit

A federal court in the Northern District of Georgia recently denied CNN’s motion to strike in a defamation lawsuit, ruling that Georgia’s anti-SLAPP statute has no application in federal court. This places the court on the...more

News-Gatherer not Nightcrawler: District Court Denies NYPD’s Motion to Dismiss Photojournalist’s First Amendment Complaint

The U.S. District Court in Manhattan recently allowed a photojournalist’s complaint against the New York Police Department (NYPD) and City of New York to go forward. In Jason B. Nicholas v. The City of New York, 15-CV-9592,...more

Social Links: Facebook uses AI to ID suicidal posts; Google tries to ferret out hate speech; justices consider constitutionality...

Facebook is implementing a feature that uses artificial intelligence to identify posts reflecting suicidal inclinations. Google unveiled a new tool designed to combat toxic speech online by assessing the language...more

Sky Signs, Colossal Murals and Billboards, Oh My

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Social Media Gets a “Like” from SCOTUS: Comments Suggest Possible First Amendment Protection

When the President of the United States, every governor, every member of Congress, and—as Justice Kagan remarked—virtually every under-30 and 35 year-old in the country has a Twitter account, it’s time for social media to be...more

Breaking: Social Media Comes of SCOTUS Age

On Monday, February 27, 2017, during oral arguments in Packingham v. North Carolina, a case involving First Amendment rights of free speech pertaining to the use of social media by former sex offenders in North Carolina, U....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

Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over...

Michaels escaped a potential class action alleging Fair Credit Reporting Act (“FCRA”) violations late last month when a federal judge found the United States Supreme Court’s recent decision in Spokeo, Inc. v. Robbins, 136 S....more

Defamation Law Series: Massachusetts District Court Tosses Katherine McKee’s Claims Against Bill Cosby

Last week, on February 16, 2017, the United States District Court for the District of Massachusetts dismissed Katherine McKee’s claims against Bill Cosby in McKee v. Cosby. McKee was among the women who alleged that...more

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Are online reviews truthful?

Alternative Facts or Fake News: the Online Review Farce - No one likes bad reviews, but few take the time to sue over them, and fewer sue the review platform instead of the writers themselves. But that’s not the case for...more

Van Patten V. Vertical Fitness Is No TCPA Killer

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Blogger-Journalist Protected From Defamation Suit By Anti-SLAPP Statute

Are journalists protected by anti-SLAPP statutes? Until last week, the likely answer would have been: “probably not,” at least in Massachusetts. But that was before Cardno Chemrisk, LLC v. Foytlin, a recent opinion by the...more

House Legislation Purports To Require Warrants For All Email

On February 6, 2017, the U.S. House of Representatives unanimously passed the Email Privacy Act (the “Act”), co-sponsored by Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO), which would require law enforcement to...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...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

[Webinar] Litigation is Inevitable: Update on Recent Advertising Class Actions - Feb. 22nd, 12:00pm ET

Consumer class action suits continue to be a growing source of concern to marketers and income for plaintiffs’ law firms. This webinar will provide an update on recent consumer class action cases across a range of industries...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

Defamation Series: Texas Supreme Court Explains That Courts Should Not Make Editorial Decisions For The Media Re Information...

In Texas, Plaintiff Wade Brady brought claims for libel and libel per se against Carter Publications, Inc., publisher of the newspaper West Fort Bend Star, and one of its writers, LeaAnne Klentzman. Wade alleged that the...more

Defamation Law Series: Trumping Defamation Claims

President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

1,668 Results
|
View per page
Page: of 67
Cybersecurity

Follow Constitutional Law Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×