First Amendment - Anti-SLAPP - California Constitution - grpub.net

First Amendment


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“May ‘Bad Spaniels’ Mock Jack Daniel’s? The Supreme Court Will Decide. The justices have agreed to hear a trademark dispute with First Amendment overtones involving a dog toy’s bathroom humor and a distinctive whiskey bottle.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times. The post “May ‘Bad Spaniels’ Mock Jack Daniel’s? The Supreme Court Will Decide. The justices have agreed to hear a trademark dispute with First Amendment overtones involving a dog toy’s bathroom humor and a distinctive whiskey bottle.” appeared first on How Appealing.
No due process claim for middle-fingered student athlete - December 5, 2022 - Second Circuit Civil Rights Blog
In this civil rights case, a college student sued the University of Connecticut over a due process violation. I know that sounds boring. Let's spruce it up: she was a soccer star who lost her scholarship after flashing her middle finger on national TV in a post-game celebration. The case is Radwan v Manuel, issued on November 30. I wrote about the First Amendment angle at this link. In that portion of the case, the Court of Appeals (Bianco, Carney and Komittee [D.J.]) said that even there were a First Amendment violation (the speech being the middle finger), the defendants have qualified immunity because the law was not clear at the time whether university officials can discipline students for actions like this. So the Court of Appeals sidestepped deciding whether there was an underlying free speech violation; the Court was able to avoid deciding that issue because the immunity holding would have made such a holding unnecessary.Not so with the due process claim.…
Below is my column in the Hill on the recent disclosures in the “Twitter Files” on the coordination of censorship between the company and both Biden and Democratic party operatives. Beyond personally attacking Elon Musk and Matt Taibbi, many have resorted to the same old saw of censorship apologists: it is not censorship if the government did not do it or direct it. That is clearly untrue.  Many groups like the ACLU define censorship as denial of free speech by either government or private entities.  It is also worth noting that this censorship (and these back channels) continued after the Biden campaign became the Biden Administration. Moreover, some of the pressure was coming from Democratic senators and House members to silence critics and to bury the Hunter Biden influence peddling scandal. Here is the column: “Handled.” That one word, responding to a 2020 demand to censor a list of Twitter users, speaks volumes about the thousands of…
The morning read for Monday, Dec. 5 - December 5, 2022 - SCOTUSblog
ShareEach weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Monday morning read: The Supreme Court Needs Real Oversight (Glenn Fine, The Atlantic) The First Amendment Is Not a License to Discriminate (David Cole, The New York Times) Free Speech for All — Except the Little Guy (Christopher Mills, The Wall Street Journal) The Supreme Court’s Other Conservative Revolution (Noah Feldman, Bloomberg) Why Roberts and Kavanaugh Got So Furious at Biden’s Solicitor General (Mark Joseph Stern, Slate) The post The morning read for Monday, Dec. 5 appeared first on SCOTUSblog.
"... for anyone, including L.G.B.T.Q. people. But her Christian faith, she said, did not allow her to create messages celebrating same-sex marriages. 'When I chose to start my own business as an artist to create custom expression,' she said, 'I did not surrender my First Amendment rights.' Phil Weiser, Colorado’s attorney general, countered that there is no constitutional right to discriminate. 'Once you open up your doors to the public, you have to serve everybody,' he said. 'You can’t turn people away based on who they are.'"Writes Adam Liptak in "A New Clash Between Faith and Gay Rights Arrives at a Changed Supreme Court A Colorado graphic designer says she has a First Amendment right to refuse to create websites for same-sex weddings despite a state anti-discrimination law." (NYT).The oral argument is today.If you're trying to remember why this is still a live issue after the wedding-cake case:The…
This went up yesterday. It doesn't have a time stamp, but I believe it went up in the evening, that is, 2 days after the files were released:"Elon Musk, Matt Taibbi, and a Very Modern Media Maelstrom/A release of internal documents from Twitter set off intense debates in the intersecting worlds of media, politics and tech," by Michael M. Grynbaum.Let's do a close read: It was, on the surface, a typical example of reporting the news: a journalist obtains internal documents from a major corporation, shedding light on a political dispute that flared in the waning days of the 2020 presidential race. But when it comes to Elon Musk and Twitter, nothing is typical. The so-called Twitter Files, released Friday evening by the independent journalist Matt Taibbi, set off a firestorm among pundits, media ethicists and lawmakers in both parties.Even more atypical was the way the NYT contributed nothing at all. It also offered a window into the fractured modern…

Anti-SLAPP


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Law and Media Round Up – 5 December 2022 - December 5, 2022 - INFORRM
Over 70 newspaper editors, publishers and media lawyers have written to Justice Secretary, Dominic Raab, expressing support for the model ‘anti-SLAPP’ law proposed by the UK Anti-SLAPP coalition. The letter follows the rejection of an amendment to the Economic Crime Bill by the Minister of State for Security that would have empowered judges to dismiss SLAPPs. Raab responded to the demands by saying, “This issue is of the utmost importance and is being given urgent consideration. We intend to introduce legislative proposals as soon as possible,” the Guardian reports. Facebook’s parent company, Meta, has been fined €265 million for breaking EU data protection laws. The Irish Data Protection Commission (DPC) found that the company had breached GDPR rules as the data of 530 million Facebook users had been dumped online on a website for hackers. The DPC also ordered Meta to undertake a “range of corrective measures.” EuroNews, the New…
Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad copy says “Buy Portafab Today,” which might be confusing, despite other indicators that the source is Allied and the substantial purchaser care in decisions like this, unless “Portafab” has become the generic descriptor for this category of goods. Because the ad copy includes the plaintiff’s trademark, the court says there are triable issues here: “Unlike in other keyword search cases where likelihood of confusion was not found, this case involves a competitor who did not just incorporate a competitor’s trademarked name as a search term, but rather used a phrase in its Google Ad that essentially told consumers it sold PortaFab products….accordingly, a reasonable jury…
Law and Media Round Up – 28 November 2022 - November 27, 2022 - INFORRM
The review conducted by Cambridgeshire Constabulary has found that the arrest of four journalists covering Just Stop Oil protests by Hertfordshire Police earlier this month may have constituted “unlawful interference” in their freedom of expression. The review found that there were failures to adequately plan for the likely presence of media at the protests, and that officers were directed to carry out arrests by commanders without adequate rationale. The Press Gazette, Guardian, NUJ, BBC and HertsLive cover the review. Minister for Security Tom Tugendhat has refused to accept an amendment to the Economic Crime Bill that would have given judges the power to dismiss legal cases brought against journalists if they found such cases to be strategic lawsuits against public participation (SLAPPS). Tugendhat said the problem was more of an issue for the Ministry of Justice, and that the issue was better addressed via an inclusive piece of “anti-SLAPPS…
["Gimelstob and Kaplan were friends for a while, but their relationship soured when Kaplan got upset because Gimelstob did not show up to his birthday party."] From Justice Brian Hofstadt's opinion Wednesday in Kaplan v. Gimelstob, joined by Justices Victoria Chavez and Patricia Benke: In a display that a trial court characterized as "junior high and high school" conduct, two wealthy, middle-aged men—one [Gimelstob] a former professional [tennis player, and later a coach and "broadcaster, producer, talent representative, and brand ambassador"] and the other [Kaplan] a venture capitalist—got into a fistfight while trick or treating with their families on Halloween night 2018. The men have now moved their spat into the court system…. Gimelstob and Kaplan were friends for a while, but their relationship soured when Kaplan got upset because Gimelstob did not show up to his birthday party…. {Consistent with the applicable…
While coverage of strategic lawsuits against public participation, or SLAPPs, has been amplified by several high-profile defamation actions in the UK and US in recent months, public discourse on the topic has been gathering pace since the assassination, in October 2017, of the investigative journalist Daphne Caruana Galizia who, at the time of her death, had 47 open defamation cases in progress against her. SLAPPs are commonly understood to target acts of ‘public participation’, including journalism, whistle-blowing, and academic research, particularly where these expose corruption, abuse of power, or illicit financial activity. Ostensibly, those issuing them aim to prevent or dissuade the publication of information in the public interest by bringing legal proceedings with excessive claims and tenuous foundations, most commonly in defamation, data protection, and privacy actions. SLAPPs are characterised by an inequality of arms (whether financially or politically);…
Law and Media Round Up – 21 November 2022 - November 21, 2022 - INFORRM
Following the arrest of three journalists covering Just Stop Oil protests last week, Hertfordshire Police Chief, Constable Charlie Hall, introduced new measures to protect legitimate media reporting and commissioned an independent review of the arrests. However, during a Police and Crime panel, Commissioner David Lloyd stated that officers were right to question the journalists as to how they knew where the demonstration was being held, the BBC reports. The College of Policing and IPSO reiterated the “moral obligation” journalists have to protect confidential sources. The Press Gazette covered the fallout from the arrests. Following the arrests, a number of prominent free speech groups, including Liberty, Big Brother Watch and Amnesty International UK called on the government to rethink the Public Order bill, which is currently being debated in the House of Lords. The bill would introduce new powers to deal with serious disruption caused by protesters, including…

California Constitution


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In re Kowalczyk (Cal. Ct. App., Nov. 21, 2022, No. A162977) 2022 WL 17098702, at *1 Summary: Kowalczyk filed a petition for writ of habeas corpus challenging the trial court’s decision denying him bail. The California Supreme Court granted review and transferred the matter back to the Court of Appeal  with directions to “issue an opinion that addresses which constitutional provision governs the denial of bail in noncapital cases—article I, section 12, subdivisions (b) and (c), or article I, section 28, subdivision (f)(3), of the California Constitution — or, in the alternative, whether these provisions can be reconciled.” The Court concluded that the bail provisions of article I, section 28, subdivision (f)(3) can be reconciled with those of article I, section 12 (section 12 and section 28(f)(3)) and that both sections govern bail determinations in noncapital cases. Section 12 ’s general right to bail in noncapital cases remains intact,…
In July, California Secretary of State Shirley Weber filed a petition for a writ of supersedeas in the California Court of Appeal with respect to the trial court's judgment in Crest v. Padilla.  In that case, the trial court permanently enjoined and prohibited from expending or causing any expenditure of the estate, funds, or other property of the State of California on Corporations Code § 301.4 and so much of California Corporations Code §§ 301.3(d) and 2115.6 as pertains to Section 301.4.  Enacted two years ago, Section 301.4 required public company boards of directors to have specified numbers of members of underrepresented communities.  Last April, Los Angeles Superior Court Judge Terry A. Green found that the law  facially violates the Equal Protection Clause of the California Constitution,  Cal. Const. Art. I, § 7.  See Judge Green Explains Why AB 979 Violates The Constitution. "Supersedeas" is a…
The height of the COVID-19 pandemic may be behind us, but the many shifts it prompted in workplace dynamics could be here to stay. One such trend is in the spotlight due to a recent New York Times investigative report: an increasing number of employers are utilizing digital monitoring software that can provide a minute-by-minute account of employees’ activity and quantify their productivity, whether they’re working remotely or in the office. The technological capabilities of this software range from basic activity tracking to taking photos of employees’ screens and faces. Digital surveillance of employees raises a number of legal concerns, therefore agencies should consult with legal counsel before implementing the practice. This blog post lists some of the salient risks associated with monitoring technology and identifies best practices for risk reduction and effective management. Possible Bargaining Obligation While the use of employee monitoring technology…
Should the government be allowed to collect your DNA—and retain it indefinitely—if you’re arrested for a low-level offense like shoplifting a tube of lipstick, driving without a valid license, or walking your dog off leash? We don’t think so. As we argue in an amicus brief filed in support of a case called Thompson v. Spitzer at the California Court of Appeal, this practice not only impinges on misdemeanor arrestees’ privacy and liberty rights, but also violates the California Constitution.  Since 2007, the Orange County District Attorney’s Office (OCDA) has been running an expansive program that coerces thousands of Orange County residents annually to provide a DNA sample in exchange for dropping charges for low-level misdemeanor offenses. Through the program, the OCDA has amassed a database of over 182,000 DNA profiles, larger than the DNA databases of 25 states. OCDA claims a right to indefinitely retain the DNA samples it collects…
The Sacramento County Utility District (SMUD) and the Sacramento Police Department are running an illegal data sharing scheme, with the police making bulk requests for customers’ energy usage data to enforce a cannabis grow ordinance, according to a new EFF lawsuit.The secret data sharing arrangement violates SMUD customers’ privacy rights under state law and the California Constitution, while disproportionately subjecting Asian and Asian American communities to police scrutiny.Alfonso Nguyen knows all too well the harms that resulted after his home energy data was shared with law enforcement. Nguyen is a resident of Sacramento County and has owned a home for over 20 years. An immigrant from Vietnam, Nguyen is an adjunct counselor working in disability support programs at a nearby community college. He lives with his elderly mother.Like nearly all other residents in the area, electricity to his home is supplied by SMUD, the community-owned local utility.One evening…
US abortion advocates claim victory in state ballot measures - November 9, 2022 - Hannah Brem | U. Pittsburgh School of Law, US
US voters in California, Michigan, Kentucky and Vermont Tuesday voted in favor of abortion rights in four state ballot measures. Results from Montana’s vote remain inconclusive, but abortion advocates are poised to win. In June, the US Supreme Court overturned Roe v. Wade with Dobbs v. Jackson Women Health Organization and ruled there is no constitutional right to abortion at the federal level. The decision left each state to decide its own abortions law. In California, voters affirmed Proposition 1 and decided to expressly “include existing rights to reproductive freedom—such as the right to choose whether or not to have an abortion and use contraceptives” in the California Constitution. Abortion is legal in California, and Governor Gavin Newsom, who won reelection on Tuesday, has passed several laws to further protect abortion access in the state. Michiganers voted in favor of Proposal 3 to “establish [a] new individual right to reproductive…