News & Analysis as of

The Constitutional Rights of Students Wearing American Flag Shirts on Cinco de Mayo Were Not Violated When They Were Required to...

On Cinco de Mayo 2010, when school officials at a California high school became aware of a potential altercation between two groups of students, they asked the students wearing shirts bearing images of the American flag to...more

NCAA’s Battle Continues in the Fight Over Who Should Pay for the Use of Student-Athlete Likenesses

Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

Internet Threats of Violence Are Grounds for Student Discipline – Even if Off Campus

A Nevada high school student sent “instant messages” to his friends from his home computer that threatened mass shootings at his school. School officials suspended the student based on the threat to school safety and the...more

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more

Ninth Circuit Says Schools May Discipline Students Whose Off-Campus Speech Threaten Classmates

Ruling Strengthens Ability of School Districts to Suspend and Expel Students to Protect Students and Staff - Recognizing the increasing difficulties school administrators face in evaluating potential threats of...more

Can Schools Prohibit “I ♡ Boobies” Bracelets . . . Or Not?

This month, two courts issued dramatically different opinions about whether school districts can prohibit breast cancer awareness bracelets reading “I ? boobies” without running afoul of students’ First Amendment free speech...more

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...more

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more

Hitler A Part Of The Justice League?

As part of a long-standing tradition, freshman art students at Thailand’s premier Chulalongkorn University designed a mural for the graduating class....more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

Elvis Presley Song Lyrics Causing Trouble In 2013?

Elvis Presley certainly stirred up controversy in the 1950s but who would have thought that his songs would create an uproar in 2013. A Utah school district nearly canceled a production of “All Shook Up” after finding that...more

Disciplining Student Speech As A Threat After Newtown – The Right Choice?

The media coverage of the Sandy Hook school shooting is tapering down, but the lessons for school administrators in its wake are just beginning. One such lesson comes after a California school suspended a high school senior...more

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