Freedom of Expression

News & Analysis as of

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

On July 21, 2016, the Electronic Frontier Foundation ("EFF") filed a complaint against various agencies and members of the U.S. government over Section 1201 of the Digital Millennium Copyright Act ("DMCA"), arguing that this...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

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

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

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 17: Issues...

Why does this topic matter to organisations? Although a key aim of the GDPR is to harmonise data protection law across the EU, there are a number of areas in which the GDPR leaves it to Member States to adopt their own...more

The Slants and the Future of Disparaging Trademarks

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

Tightening Internet Regulation in China

The longstanding tension in China between expansion of service to the Internet and regulation of content on the Internet has entered a new phase. While the so-called Great Firewall remains in place to block unwanted overseas...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

Progress made on the Trade Secrets Directive

On 15 December 2015, Members of the European Parliament (MEPs) came to a preliminary agreement over new rules against the theft or misuse of trade secrets. The rules, which are set out in the draft Trade Secrets Directive,...more

What is public can still be ‘private’: European Court of Human Rights halts journalists from re-publishing Finnish citizens’...

In a ruling by the European Court of Human Rights (“ECHR”) handed down in July 2015, the right to respect for individuals’ privacy balance trumped journalists’ right to freedom of expression....more

Can Kim Davis Be Fired? What CA Employers Should Know About Religious Accommodations

Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more

Africa Update - September 2015

Leading the News: South Sudan - On August 27th, emergency relief teams from the United Nations (U.N.) Children’s Fund (UNICEF) and the World Food Programme (WFP) reached more than 27,000 people in the town of Wau...more

The Court Weighs In: Termination for Social Media Misconduct

Over a decade had passed since Ellen Simonetti, dubbed the “Queen of the Sky” was fired by Delta Air Lines after her infamous “Diary of a Dysfunctional Flight Attendant” blog. Simonetti wasn’t fired simply for blogging about...more

Disparaging Trademarks and the Constitutionality of Refusing Registration Under the Lanham Act

Disparaging trademarks have been the subject of vocal debate for over twenty years, but this debate has come to a head recently over the cancellation of the registration of the infamous "Redskins" trademarks belonging to the...more

Tinker, Take Two

Two legendary figures in the ongoing fight for student free speech rights are asking the Supreme Court to revisit this thorny area of First Amendment jurisprudence. John and Mary Beth Tinker were petitioners forty-six years...more

Arkansas Narrowly Avoids Enactment Of Sweeping Publicity Rights Statute

Yesterday, Arkansas Governor Asa Hutchinson vetoed Senate Bill 79. Governor Hutchinson noted that, while the intent of the bill was to “protect the names, voices, signatures, photographs and likenesses of the citizens of...more

Free Speech: Paris Mayor Off-Message by Threatening Fox News Suit

The scene of the Charlie Hebdo attacks in Paris ten days later. I returned from Paris on Tuesday after a short vacation.  As a bit of a news junky, it was admittedly an exciting time to be there.  When I arrived on Friday, we...more

The Defamation Act 2013: To sue or not to sue?

The Defamation Act 2013 (“the Act”) reformed the law relating to slander and libel in England. It was heralded by a Justice Minister as “the end of a long and hard fought battle to ensure a fair balance is struck between the...more

Bill 3 Amendments to Alberta's Privacy Legislation Now in Force

Amendments to Alberta's Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta's...more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

European Court Establishes “Right to be Forgotten” Online

Today’s decision by the European Court of Justice (ECJ) that individuals enjoy the right to have truthful yet unflattering information about them “forgotten” from online search results is generating a great deal of...more

High Court Dismisses UNITE HERE, Leaves Neutrality Agreements Issues Undecided

This morning, in a per curiam opinion, the Supreme Court of the United States dismissed the writ of certiorari in UNITE HERE Local 355 v. Mulhall as improvidently granted. As a result, the high court will not consider the...more

Supreme Court of Canada Upholds Union’s Right to Freedom of Expression

As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s...more

Europe: Mosley v Google – game, set but not match yet.

On November 6, a Paris Court ordered Google to filter out hyperlinks to images of former F1 boss Max Mosley in an allegedly Nazi-themed sadomasochistic orgy. (TGI Paris, 17e ch., 6 novembre 2013, RG 11/07970, Max Mosley c....more

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