Blogs
On June 25, 2013, the Opinion of the Advocate General Niilo Jääskinen (AG) in case C-131/12, Metadata Surveillance, Secrecy, and Political Liberty (Part Two)
(This is the second part of a two-part post. In Metadata Surveillance, Secrecy, and Political Liberty (Part One)
(Following on from Metadata as a Public Record: What it Means, What it Does
The failure to comply with a records request for email metadata will cost a Washington city more than half a million dollars in statutory and attorney's fees, a Washington Superior Court judge recently decided.911, What's Your Emergency? Public Access to 911 Calls in California and Maine
As California delays public access to prank celebrity 911 phone call records, a court in Maine has kicked things up a notch, pulling from one of over 500 exceptions to Maine's Freedom of
Access Act (“FOAA”) to block public access to a 911 record in connection with an
ongoing criminal trial.
Distinguishing Fact from Opinion: The Second Circuit Rules on Scientific Articles
In a recent case before the Second Circuit, the Court of Appeals held that conclusions in scientific articles are akin to statements of opinion for defamation purposes and cannot give rise to actionable claims of false advertising under the Lanham Act or state statutory equivalents. In the Court's words, "the line between fact and opinion is not always a clear one" - and this recent decision has muddled that divide even more."Dirty" Verdict Sets Up Section 230 Appeal
A federal jury's As State Shield Laws Play Tug-of-War, the Dream of a Federal Shield Law Resurfaces
A recent challenge to a subpoena for a New York reporter's confidential source highlights the risks journalists face when different state shield laws clash. Although uniform state shield laws would reduce uncertainty for reporters on the state court level, a solution to varying federal court tests may appear in the form of a Reputation vs. National Security: The Supreme Court Takes on an Airline Defamation Case
The Supreme Court has granted certiorari to the first defamation case it's heard since 1990, and in it, the Court will be balancing injury to reputation against -- what else? -- national security.
DMLP files brief seeking First Amendment scrutiny in United States v. Auernheimer
Yesterday the Digital Media Law Project, with help from the Are Social Media Password Privacy Statutes #necessary?
Congratulations to Nevada on its New and Improved Anti-SLAPP Law!
As of October 1, 2013, those targeted with frivolous lawsuits in Nevada designed to chill speech will enjoy substantially stronger protection, thanks to Nevada's new and improved anti-SLAPP statute.
Aghast at Ag-Gag Legislation: Silencing Speech for What it Reveals
With the ubiquity of smart phones and digital communication, most of us whisk our phones out to record anything we find significant without giving it a second thought. But when one Utah woman did this in early February, she was charged as a criminal -- solely because the activities she recorded took place on agricultural land.
The Podcast Patent: Ripping Through, and Ripping Up, the Airwaves
A Texas company is causing a stir with a claim that it has a patent DMLP Announcement: Video from Cambridge Community Television Event Goes Live
In May, the DMLP, with our good friends at the Harvard Law School The NSA's Spying Powers: Reading the Statute
[Ed. note -- We are pleased to feature a guest post today by Kit Walsh of the A Response to Sandy Hook: Privacy Trumps Transparency in New Connecticut Bill
At a time when citizens increasingly call for government transparency, the Connecticut legislature recently passed a bill to withhold graphic information depicting homicides from the public in response to records from last December's devastation at Sandy Hook Elementary School.British Ruling Sets Standards for Twitter Libel
A Who is a Journalist? Here We Go Again…
In the wake of the Massachusetts Courts Mull Right of Access to Deceased Family Members' E-mail
A case in the Massachusetts Court of Appeals, Pages
