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10 Jan 2024, 10:52 am by Eric Goldman
First Amendment: Restrictions on Protected Speech The court thinks that the law is likely to be subject to strict scrutiny because it’s both a speaker-based and content-based restriction: On its face, the Act distinguishes between different websites—exempting some and targeting others—and therefore, appears speaker-based….The Act’s exemption of “widely recognized” “media outlets” and product review sites bolsters this conclusion…… [read post]
15 Sep 2017, 4:15 pm by INFORRM
  This was going against the grain of one of the stated purposes behind the reforms to the law of defamation: to reduce, rather than increase, costs. [read post]
15 Sep 2017, 4:15 pm by INFORRM
  This was going against the grain of one of the stated purposes behind the reforms to the law of defamation: to reduce, rather than increase, costs. [read post]
15 Sep 2017, 4:15 pm by INFORRM
  This was going against the grain of one of the stated purposes behind the reforms to the law of defamation: to reduce, rather than increase, costs. [read post]
8 Aug 2014, 6:11 am by Eric Penzer
  A court should not employ a presumption where to do so would “elevate a legal construct above common sense” (People v Giordano, 87 NY2d 441 [1995]). [read post]
29 Mar 2021, 4:45 pm by INFORRM
Finally, the ECtHR recalls that the dominant position that State institutions occupy, requires them to exercise restraint in the use of criminal proceedings such as in cases to protect the reputation of the Prime Minister as a representative of the State. [read post]
5 Aug 2012, 11:16 am by David Kopel
L. 294 (2000) (cited in United States v. [read post]
29 Jun 2018, 9:05 am by Daniel Hemel
In abortion-related cases, the presence or absence of a state or local government on either side of the “v. [read post]
20 Jul 2009, 4:48 am
The prosecution should not necessarily be able to introduce the letter in its case in chief, but the state should pay for relocation of or a security detail for these key witnesses. [read post]
26 Jan 2017, 4:06 am by SHG
And the state has retained the Godfather of Free Speech, Floyd Abrams, to fight its cause. [read post]