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SCOTUS Side-Steps First Amendment Issue in Long-Awaited Elonis Case
Intent matters. On June 1, 2015, the United States Supreme Court reversed the Third Circuit’s decision and held that online comments cannot be considered a threat absent the requisite intent of the...
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Is the Right to Be Forgotten Among Our Unalienable Rights?
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of...
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As Police Begin to Wear Body Cameras, Can They Deny Access to Footage?
Last summer a police officer in Ferguson, Missouri fatally shot Michael Brown, an unarmed black teenager. The incident sparked a nationwide debate over the relationship between police and the...
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Sweet Tweets: Legislation Expands Social Media Privacy Protections
Let’s face it: social networking has us “all atwitter.” At any given moment, whether we’re on the subway or in our cubicle, we can like, post, poke, share, tweet, DM, pin, snap, yik yak, link, yo, and...
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First Amendment v. Copyright – Who Wins?
Earlier this year, the Ninth Circuit, sitting en banc, reversed a decision by a three-member panel of the same court and found that a mandatory injunction against Google was unjustified. Garcia v....
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Can Florida Ban Attorneys from Advertising Past Results?
In an era when toddler birthday parties are inspired by commercials for personal injury lawyers, it can be easy to forget that just a few decades ago, attorneys were prohibited from advertising their...
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Doe v. Gangland: Why Breaking a Confidentiality Agreement with a Former...
For those of you into true-crime documentaries, have you ever wondered how producers get criminals and accused criminals to talk on the record? In rare instances, some subjects of a documentary will...
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Is Footage of City Council Meetings Protected by Copyright Laws?
Not according to one federal judge in California. In City of Inglewood v. Joseph Teixeira, et. al., No. 2:15-cv-01815 (C.D. Ca. Aug. 20, 2015), United Stated District Judge Michael W. Fitzgerald found...
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MICHIGAN STATE ORDERED TO DISCLOSE SUSPECT’S INFORMATION REDACTED FROM...
Earlier this month, a Michigan Court of Appeals affirmed a trial court’s order that Michigan State disclose the names of suspects redacted from university police incident reports. ESPN, Inc. v....
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Can Parties Use Social Media to Provide Class Notice?
Looks like it. Courts are becoming more tolerant of social media sites, such as LinkedIn, Twitter, and Facebook, being used to assist with the class notice process. Recently, a federal judge in New...
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Keep on Dancing: Ninth Circuit Suggests Fair Use is Free Speech Right
The Ninth Circuit recently resolved the question of whether fair use is a free speech right or an affirmative defense in Lenz v. Universal Music Corp., a closely watched suit known as the “dancing baby...
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Recap: Ohio State Bar Association Law & Media Conference 2015
This past Friday, October 16, 2015, the Ohio State Bar Association hosted its annual Law & Media Conference in Columbus, Ohio. Faruki Ireland & Cox P.L.L. was among the sponsors of this event,...
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Jeepers Peepers! Peeple, the Yelp for People App Redefines Privacy
People may choose to avoid social media for any number of reasons. Refusing to engage with social media does not make you a luddite or old-fashioned. Instead, the decision to minimize one’s online...
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Be Cautious When Social Networking is All “Atwitter “at Your Workplace
We use social media all the time. Make it a point during the day to notice how often you see a friend or colleague checking a Facebook update or sending a tweet (or giving you a three-star rating on...
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