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Foreword
The First Amendment: Rock Star of the American Constitution

By Floyd Abrams...  American First Amendment law, former United States solicitor general and associate justice of the Supreme Judicial Court of Massachusetts Charles Fried has rightly said, “is the most libertarian and speech protective of any liberal democratic regime.” As such, its consequences and implications are profound. The exceptionalism of the United States in the [...]

By |2018-09-27T16:51:40-04:00October 18th, 2017|First Amendment Trends|Comments Off on Foreword
The First Amendment: Rock Star of the American Constitution

Buttigieg: Big Tech May Need Breaking Up

By John Eggerton, Broadcasting & Cable Online, 4-23-19 Newly minted Democratic presidential candidate Pete Buttigieg (pronounced "buddah-jedge") said that antitrust law "has begun to hit its limits" with regulating Big Tech, which may need shaking up or even breaking up. He said that law "was not designed to handle some of these tech companies." Buttigieg [...]

By |2019-04-24T18:15:30-04:00April 23rd, 2019|Issue Watch|0 Comments

Neutral Reportage Doctrine, Wire Service Defense Should Shield Newspaper

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the Court of Appeal of the State of California in Smith v. Palisades News. The case involved a defamation suit against the Palisades News brought by an activist who objected to the newspaper’s coverage of her statements on a matter [...]

By |2019-04-24T17:03:57-04:00April 18th, 2019|Law & Policy|0 Comments

The Internet’s Enduring Free Speech Legacy

By Stuart N. Brotman and Shiela Hawkins… Over 20 years ago, the U.S. Supreme Court unanimously decided Reno v. American Civil Liberties Union (ACLU), which found the communications decency provisions of the Telecommunications Act of 1996 to be unconstitutional. Applying a strict scrutiny judicial review standard under the First Amendment, the Supreme Court concluded that [...]

Certification Requirement Compromises Editorial Independence

Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the Eighth Circuit in Arkansas Times v. Waldrip. The Arkansas Times, an alternative newsweekly, challenged the constitutionality of an Arkansas statute that prohibits public entities in the state from engaging in a boycott of [...]

By |2019-04-18T16:47:02-04:00April 15th, 2019|Law & Policy|0 Comments

House Votes To Re-Regulate Internet Access

By John Eggerton, Broadcasting & Cable Online, 4-10-19 The House voted Wednesday (April 10) 232 to 190 (with one Republican voting aye) to pass the Democrat-backed Save the Internet Act (HR 1644), which would restore FCC's Title II based rules against blocking, throttling and paid prioritization adopted under the previous, Democratic, administration, plus reinstate a [...]

By |2019-04-24T17:13:48-04:00April 10th, 2019|Issue Watch|Comments Off on House Votes To Re-Regulate Internet Access

Sen. Markey Seeks To Expand Kids TV Rules to Edge

By John Eggerton, Broadcasting & Cable Online, 4-4-19 Sen. Ed Markey (D-Mass.), author of the Children's Television Act,  wants to extend and expand those regulations to better cover edge providers' kid-directed content as well. He is unveiling the bill Thursday (April 4) at the Truth About Tech Conference, sponsored by Common Sense, which has been [...]

By |2019-04-04T11:40:10-04:00April 4th, 2019|Issue Watch|Comments Off on Sen. Markey Seeks To Expand Kids TV Rules to Edge

Net Neutrality Bill Clears Second Hurdle After Marathon Markup

By John Eggerton, Broadcasting & Cable Online, 4-3-19 After over nine hours of debate, mostly failed amendments, and delays, legislation that would re-regulate internet access by reinstating the FCC's 2015 Open Internet Order's Title II-based net neutrality rules is on its way to a vote in the full House next week, where it is likely [...]

By |2019-04-04T11:45:21-04:00April 3rd, 2019|Issue Watch|Comments Off on Net Neutrality Bill Clears Second Hurdle After Marathon Markup

Facebook CEO Calls for Updated Internet Regulations

By Christopher Bing, Reuters, 3-30-19 Facebook Chief Executive Mark Zuckerberg called on Saturday for regulators to play a “more active role” in establishing rules that govern the internet, as the world’s largest social media network struggles to defuse criticism. Zuckerberg, whose company is under pressure for failing to adequately police content and protect user privacy [...]

By |2019-04-04T11:39:56-04:00March 30th, 2019|Issue Watch|Comments Off on Facebook CEO Calls for Updated Internet Regulations

Applicability of State Shield Law to Online News Sites

Participated in an amicus brief (with other amici) filed with the Supreme Court of the State of Nevada in Toll v. Gilman. The case involves a defamation suit brought by Gilman against Toll, a reporter for an online news site, seeking disclosure of Toll’s news sources. The brief argues that Nevada’s shield law is [...]

By |2019-03-29T15:11:32-04:00March 26th, 2019|Law & Policy|Comments Off on Applicability of State Shield Law to Online News Sites