News & Analysis as of

Free Speech

Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

by LeClairRyan on

For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas...more

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Fake News, Real Jail Time?

by Akin Gump - Excubitor on

Malaysia recently prosecuted the first case under its new anti-fake news law, sending a Danish citizen, Salah Salem Saleh Sulaiman, to jail over a video posted on a popular website. In the video, Salah claimed he was there...more

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

by Fisher Phillips on

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

Texas Anti-SLAPP Statute Stalls Lessee’s Counterclaim

by Gray Reed & McGraw on

It is often a worthy strategy for the lessee to be aggressive with counterclaims against the lessor. Lessees should think twice about that strategy if it means complaining about the lessor’s public statements. In Lona Hills...more

Superior Court Dismisses Anti-SLAPP Complaint Aimed at Arbitration

by LeClairRyan on

Last year, I blogged about the Wilkenfeld v. Steward Partners complaint filed in DC Superior Court, where Ari Wilkenfeld was asking the court to stop an arbitration from proceeding against him, because he believed the...more

Arizona Passes New Law to Bolster Campus Free Speech

by Ballard Spahr LLP on

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses....more

Reputation in the Digital Era

by K&L Gates LLP on

With the number of digital defamation cases rising dramatically the financial and emotional cost to parties involved in proceedings is concerning. One thing I have learned throughout my career is that the law must be...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Chalk up a major win for Carl Icahn. Icahn has forced Xerox’s CEO, Board Chair, and 5 other board members out of their jobs as part of a push by activist investors. The shake-up will jeopardize the company’s $6.1 billion...more

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

by Pepper Hamilton LLP on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

Anonymous Posts Of Alleged Trade Secrets: Free Speech?

Imagine you are an employer. Someone has anonymously posted your trade secrets or other improper content on Glassdoor, which publishes anonymous employee reviews about employers. While Glassdoor and similar online publishers...more

When Does a Party “Prevail” Under the DC Anti-SLAPP Statute

by LeClairRyan on

When I last wrote about the Jacobson v. Clack case, Jacobson had voluntarily dismissed the suit (two days after a hearing on the defendants’ anti-SLAPP motion, but before the Superior Court ruled on the motion). I wondered if...more

California Court Rules District Cannot Prohibit Students From Kneeling During The National Anthem At School Sporting Events

In what appears to be the first decision on this issue in the country, a federal court in California granted a high school athlete’s request for an injunction overturning his high school’s prohibition against athletes...more

New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

Every lawyer learns in their first year of law school’s Constitutional Law class that the First Amendment does not shield people from the consequences of their statements. Free speech guarantees only prohibit the government...more

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

by Perkins Coie on

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Parody Facebook Page Leads to Unjustified Arrest That Infringes Author’s Free Speech Rights

by Hodgson Russ LLP on

A new federal court decision highlights the tension between fake Facebook pages and First Amendment rights, particularly when the page involves a governmental entity....more

Stormy Daniels’ Attorney May Have Fallen Into SLAPP Trap - Legal Analysis by BB&K Attorneys Damian Moos and Kandice Kim in Law360

by Best Best & Krieger LLP on

California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more

Judge Rules that Seattle Cannot Require Landlords to Rent to First Qualified Applicants

by Weiner Brodsky Kider PC on

A trial judge in King County Washington Superior Court recently ruled that the City of Seattle may not enforce a “first in time” law, which required landlords to rent their property to the first qualified applicant, even if...more

Cannabis Shirt Battle Costs Iowa State Almost $1M

by Dorsey & Whitney LLP on

We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more

Does a Free Press Trump Libel?

by Akin Gump - Excubitor on

Sometimes it seems like defamation is just an effort to keep someone from saying something unflattering—but the right to protect one’s reputation pre-dates the Constitution as a right on par with that of freedom of the press....more

For Frankie Carbone, Crime Doesn’t Pay

by Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

Political Campaigns, College Campuses, and Free Speech

by Ballard Spahr LLP on

With the midterm spring primary election season looming, many educational institutions are witnessing heightened political awareness and activism among students and employees. ...more

Significant Intellectual Property Trademark Decisions

by Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a...more

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