News & Analysis as of

Prior Restraint

McDermott Will & Emery

Court Dismisses Challenge to TTB's Rejection of Health Claims on Vodka

In August, the US District Court for the District of Columbia issued its final decision in Bellion Spirits, LLC v. United States, Civ. No. 17-2538 (JEB). The Bellion case was brought by spirits company Bellion Spirits after...more

Best Best & Krieger LLP

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Fox Rothschild LLP

Chancery Declines To Issue TRO Amounting To A Prior Restraint Of Speech

Fox Rothschild LLP on

In the recent decision of CapStack Nashville 3 LLC, et al. v. MACC Venture Partners, et al., C.A. No. 2018-0552-SG (Del. Ch. Aug. 16, 2018), the Delaware Court of Chancery declined to enter a temporary restraining order...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Jackson Walker

Understanding The First Amendment

Jackson Walker on

Hello. The First Amendment here. So many people are talking about me these days, including people in high office, that I thought it was time I spoke for myself. For my intro song as I walk on stage to speak for a minute or...more

McDermott Will & Emery

Holy First Amendment Rights, Batman

McDermott Will & Emery on

In relation to a long-fought and contentious trademark dispute involving the COMIC CON mark, the US Court of Appeals for the Ninth Circuit issued a brief but definitive opinion, finding that certain district-court-ordered...more

Foley Hoag LLP - Making Your Mark

Trademark Case Too “Banal” To Justify Social Media Gag Order

Before the social media era really kicked into gear, I was representing a defendant in a defamation case who was being sued by a very wealthy plaintiff. Because of his charitable generosity, the plaintiff’s name was on...more

Best Best & Krieger LLP

Ban on Officers Discussing K9 Program Violated First Amendment - Ninth Circuit Decision on Nevada State Highway Patrol Prior...

Regulating speech by government employees is difficult enough. Disciplining an employee for violations of speech policies is degrees of difficulty greater. And, imposing a prior restraint on employee speech is perhaps the...more

Foley Hoag LLP - Trademark, Copyright &...

Texas Film Commission Permitted to Slice and Dice Financial Incentives to Machete Films

It’s been a disappointing few months for Machete, Danny Trejo’s “Mexploitation” character created by Robert Rodriguez. After making powerful enemies in Mexico, former Federale Machete found himself a day laborer and...more

Morrison & Foerster LLP

Five Key Lessons for Business Litigators from National Abortion Federation v. Center for Medical Progress

On February 5, 2016, Morrison & Foerster secured a preliminary injunction on behalf of its client, National Abortion Federation (“NAF”), in National Abortion Federation v. Center for Medical Progress. The firm’s work on this...more

Kelley Drye & Warren LLP

Lawyer Sues DDTC Over "Public Domain"

Kelley Drye & Warren LLP on

A New York City attorney is suing the U.S. State Department over a proposed change to the International Traffic in Arms Regulations (ITAR). The change pertains to how the regulations define “public domain,” and, if...more

Kelley Drye & Warren LLP

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

McDermott Will & Emery

Copyright Law Unavailable for Removal of Anti-Islam Video - Cindy Lee Garcia v. Google Inc. et al.

McDermott Will & Emery on

Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion for a preliminary...more

Holland & Knight LLP

Prior Restraint Vacated in Lawsuit by Haiti's Prime Minister

Holland & Knight LLP on

A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for...more

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