Monthly Archives: June 2011

Sorrell Means Business

Posted on June 29, 2011 by

Last week’s Supreme Court decision in Sorrell v. IMS Health Inc.  signified a subtle yet important shift in commercial speech interpretation that may precede increased corporate strength in the legal arena.  The opinion, by Justice Kennedy, argues that Vermont did … Continue reading →

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Security For Whistleblowers

Posted on June 29, 2011 by

In the wake of the Wikileaks controversy, the Obama administration has increased its efforts to punish government officials accused of leaking classified information to the news media. While the Justice Department has the right to hold FBI, NSA and CIA … Continue reading →

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Free to Speak or Free to Seize?

Posted on June 24, 2011 by

A recent surge in vulnerability to search and seizure, despite protection under the Fourth Amendment, is creating a climate of fear of punishment for constitutional free expression.  Multiple stories this week share the theme of government interpretation of the Fourth … Continue reading →

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Doin’ the Love Game

Posted on June 23, 2011 by

The Electronic Entertainment Expo (E3) is known for exhibiting a panoply of video game products and innovations, so IGN blogger Michael Tomeson recently quested to find video games dealing with sex. Despite a medium that presents simulated activities ranging from … Continue reading →

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Needing the Dark to Find the Light

Posted on June 17, 2011 by

A recent article by Meghan Cox Gurdon in the Wall Street Journal argues that the grim, gory, and dark shadow cast over the genre of young adult literature is inappropriate for its target readers.  This controversial review exposes the fear … Continue reading →

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Student Speech Online: Can/Should Schools Punish It?

Posted on June 16, 2011 by

On Monday, June 13th 2011, the U.S. 3rd Circuit Court of Appeals ruled that two students who both created fake MySpace profiles parodying their school principals had been unfairly disciplined by their respective school districts. In both cases, the Court … Continue reading →

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On M.F. Hussain, Free Expression, and Pluralism

Posted on June 13, 2011 by

Nudity in art appears to be controversial whether exhibited in a public space in the US, or created by India’s most renowned artist. And so is the artistic treatment of religious icons. India’s greatest contemporary artist, M. F. Hussain, died … Continue reading →

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Chilling Effects on Social Media

Posted on June 8, 2011 by

Social media has reached a level of pervasiveness that cannot be ignored – and corporations are paying very close attention. Earlier this year, Goldman Sachs received flak for banning Facebook at work while investing $450 million in the company.  Perceived … Continue reading →

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Protect IP Act Raises First Amendment Concerns

Posted on June 7, 2011 by

Senator Patrick Leahy (VT) has introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP)  to replace last year’s failed Combating Infringement and Counterfeits Act (COICA). Supposedly a new and improved version … Continue reading →

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The Recent Richard Prince Decision Tips the Scales Towards Copyright Owners

Posted on June 6, 2011 by

While paying lip service to the fact that fair use is the way in which the inherent tensions between the First Amendment and copyright law may be resolved, Judge Batts’s recent decision for the Southern District of New York in … Continue reading →

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