Free Speech

News & Analysis as of

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Guest Post - Game of Thrones, the FDA Under Attack, An In-House View of Amarin

Today's guest post is a first for this blog in two ways, first, our guest poster is anonymous. Second, our guest post is from an in-house source. The two are, of course, related. While it is important to us as lawyers that...more

Where the First Amendment and Land Use Meet: Planet Aid v. City of St. Johns

Generally speaking, land use regulations and zoning laws arise from practical and aesthetic concerns and considerations, and are driven by state and local law. However, sometimes a community’s desire to regulate a seemingly...more

Status Updates: Appeals court upholds anti-cyberbullying law; better marketing through neural networks; restaurant owner turns the...

Cruel intentions. Laws seeking to regulate speech on the Internet must be narrowly drafted to avoid running afoul of the First Amendment, and limiting such a law’s applicability to intentional attempts to cause damage usually...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

Batting Down Generic Plaintiffs’ Amarin Hail Mary Pass

We received a couple of odd anonymous comments to our “breaking news” post about the Amarin First Amendment victory for truthful off-label promotion. Both of them raised the same suggestion: “Does the logic of this opinion...more

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s...more

Newest FDA Newsletter from AGG

Once a month, AGG’s terrific FDA team publishes a newsletter updating readers on the latest regulatory news affecting food/drug companies–including those from Ireland and Northern Ireland. The August newsletter is here and...more

Google Declares “Non!” to French Privacy Regulator’s Demands that Google Apply the “Right to be Forgotten” Worldwide

In an expected but controversial move, Google has rejected a demand by the French Data Privacy authority CNIL to apply the European “Right to be Forgotten” worldwide. We have covered the E.U.’s Right to be Forgotten...more

"Conflict Minerals Disclosure Requirement Confirmed Unconstitutional"

On August 18, 2015, the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision (opinion available here), confirmed its earlier decision in April 2014 by ruling that the U.S. Securities and Exchange...more

Seventh Circuit Applies Reed v. Gilbert to Strike Down Panhandling Ordinance

Local governments may now have more to fear following the Supreme Court’s decision in Reed v. Town of Gilbert. While the Reed decision may cause many local governments to question the constitutionality of their sign...more

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

First Amendment Protects Truthful Off-Label Speech by Drug Manufacturers

Pharmaceutical manufacturers have likely taken note of Amarin Pharma Inc.’s recent success in a pre-enforcement legal challenge against the Food and Drug Administration (FDA or the Agency). On August 7, 2015, Amarin obtained...more

ACA International Files Statement of Issues in its Appeal of the FCC’s July 2015 Declaratory Ruling and Order

On August 12, 2015, ACA International (“ACA”), one of three petitioners in the consolidated appeal of the FCC’s July 1, 2015 Declaratory Ruling and Order, filed a statement of issues (D.C. Cir. filed Aug. 12, 2015) in its...more

One Small Step for Amarin & One Giant Leap for Pharmaceutical Companies? - Only Time Will Tell

Friday’s ruling in Amarin Pharma, Inc. v. United States Food & Drug Administration is a monumental event. It signals the dawn of a new era for prescription drug promotion....more

Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g.,...more

Location, Location, Location: The Property Underneath the Feet of Speakers Matters When Determining Whether A Public Institution...

Benjamin Bloedorn is an itinerant preacher who travels from college campus to college campus, loudly proclaiming his evangelical message for hours on end to anyone within earshot. In March 2008 he arrived at Georgia Southern...more

After Further Review: 7th Circuit Strikes Down Anti-Panhandling Law; Concurrence Muses on First Amendment’s Effect on Laws...

What do panhandlers and pro-life demonstrators have in common? According to Circuit Judge Daniel Manion of the Seventh Circuit, the First Amendment now makes it tougher to silence the voice of either in the public square....more

Amarin Wins Truthful Off-Label Speech Challenge

On August 7, Citing the First Amendment, a Southern District of New York court ruled that FDA cannot limit a manufacturer’s “truthful and non-misleading speech promoting off-label use” of a drug and evaluated specific...more

Employer’s Action for Misappropriation of Trade Secrets Against Former In-House Counsel Who Engaged in Competitive Activities Not...

There are indeed limits to the reach of the anti-SLAPP statute, particularly in the trade secret context. In West Hills Research and Development, Inc. v. Terrence M. Wyles, a California appellate court ruled that engaging in...more

Land Use & Natural Resources Case Law Update Second Quarter 2015

Banning Ranch Conservancy v. City of Newport Beach - 236 Cal.App.4th 1341 - This case involved the City of Newport Beach’s approval of a mixed-use development project on land located within the coastal zone. Banning...more

Bernstein Shur Business and Commercial Litigation Newsletter #53

We are pleased to present the 53rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases regarding compelled turnover of Facebook data, a revived securities class...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

A Couple of Law Review Articles We Actually Like

The last couple of times we’ve commented on new law review articles, we haven’t liked what we’ve seen very much. We’re gluttons for punishment, however, and this time we were rewarded. We found a couple of recent law review...more

239 Results
|
View per page
Page: of 10

"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*

*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.
×