05 Mar, 2024 Content Moderation: Three Takeaways from Supreme Court Argument in the NetChoice Cases By Michael Ling On February 26, 2024, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice (hereinafter “NetChoice...
14 Jan, 2024 The Top Banned Books of 2023—and What’s in Store for 2024 By Molly Rothschild The number of book bans continues to grow each year—and 2023 was no exception. PEN America reports that the 2022 – 2023 school year saw...
19 May, 2023 PEN, Penguin Random House, Parents and Authors Fight Florida Book Ban By Nicole Bergstrom We blogged earlier in the year about PEN America's top banned book list (see that post here). Now PEN is going on the offensive. In a...
10 May, 2023 5 Takeaways from the Dominion v. Fox Settlement By Molly Rothschild Now that the dust has (sort of) settled at Fox News and the anchors have played a bit of musical chairs, it’s time to unpack the historic...
25 Apr, 2023 California Lawmakers Vote in Favor of Defamation Protection for Sexual Assault Survivors By Nicole Bergstrom Following the #MeToo movement, experts noted an uptick in defamation lawsuits against accusers. These lawsuits are typically brought by...
06 Apr, 2023 Dominion v. Fox Defamation Suit Heads to Trial By Molly Rothschild Last week, Judge Davis of the Delaware Superior Court delivered a major blow to Fox News in the Dominion v. Fox defamation case, sending...
04 Apr, 2023 Cops Sue Afroman Alleging "Lemon Pound Cake" Violates Their Right of Publicity By Brian Murphy In Saturday Night Live's cold open last weekend, the newly indicted Donald Trump (played by James Austin Johnson) announced his latest...
02 Feb, 2023 Better Call Saul Creators say Liberty Tax Service’s Lawsuit Stretches the Reach of Trademark Law Beyond Breaking (Bad) Point By Amanda Barkin Does the First Amendment protect use by fictional television programs of products or services resembling trademarked products or services...
26 Dec, 2022 DC Circuit Denies Injunction to Technologists Alleging DMCA Violates Their 1st Amendment Rights By Brian Murphy This case is about a security researcher and an inventor who are concerned that the pursuit of their professional goals will subject them...
20 Oct, 2022 A Tale of Two Truck Simulator Games and the First Amendment By Frances Jensen Emma Smizer An ongoing dispute between Saber Interactive and Oovee Ltd. is the latest involving real-world vehicles in games. On October 6, 2022,...
10 Oct, 2022 Judge Finds Virginia Obscenity Statute Unconstitutional and Dismisses Attempt to Have Two Books Declared Obscene By Nicole Bergstrom Molly Rothschild This essay first appeared in the Media Law Resource Center’s MediaLawLetter. On August 30, a Virginia judge found Virginia’s obscenity...
11 May, 2022 Creativity or Confession? Young Thug's Lyrics Become Focus of Indictment By Nicole Bergstrom Rapper Young Thug (given name Jeffery Williams) was arrested earlier this week in Atlanta charged with a litany of crimes, including...
15 Feb, 2022 Jury Agrees with Judge Rakoff in Palin Defamation Case By Nicole Bergstrom Just one day after the judge in Sarah's Palin's case against The New York Times announced that no reasonable jury could return a verdict...
15 Feb, 2022 Judge Rakoff Announces Intention to Dismiss Sarah Palin's Defamation Case Against New York Times Despite Ongoing Jury Deliberation By Nicole Bergstrom In a very surprising move, Judge Jed S. Rakoff indicated that he would dismiss Sarah Palin's defamation case against The New York Times...
22 Dec, 2021 Fox News Can't Dismiss Dominion's $1.6B Defamation Suit By Nicole Bergstrom A recent decision out of the Delaware Superior Court explores the line between breaking news and defamation. Dominion Voting Systems was...
19 Nov, 2021 Alex Jones' Failure to Produce Documents Leads to Defaults in Sandy Hook Suits By Nicole Bergstrom On Monday, a Connecticut court found Alex Jones liable for defamation in claims brought by the families of eight people killed in the...