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Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

Supreme Court Holds Off-Premises Signs Require Less Than Strict Scrutiny Under First Amendment

The U.S. Supreme Court issued an opinion on April 21 addressing the regulation of “off-premises” signs, holding that such regulations are not subject to strict scrutiny under the First Amendment. City of Austin v. Reagan...more

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright...

The U.S. Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision...more

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