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Free Speech Prior Restraint

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

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

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

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

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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